Loading...
6.4. SR 12-14-1998ity of iver MEMORANDUM Item 6.4. TO: FROM: DATE: SUBJECT: Mayor & City Council Bruce A. West, Fire Chief '~fi~/ December 14, 1998 By-Law Changes The Elk River Fire Department and its By-Law Committee has met numerous times to address three areas for possible revisions. The areas of the by-laws the membership addressed include membership, ambulance service, and sexual harassment. Under 2.0., Membership Candidates, the fire department addressed the issue of where the candidates live in relation to the Elk River Fire Station. The old by-law stated a member may be from our Elk River fire service area. The new by-law states the membership candidate must live within a three mile radius of any actively used Elk River Fire Station. The issue here is response to the station in a timely manner. With the increase in traffic patterns throughout the city of Elk River, it is becoming more difficult for the firefighters to respond to the fire station in a timely manner. The next issue under membership is in reference to 2.3., and adding the physical fitness requirements under Appendix E. After discussion with the city attorney in reference to the by-law changes, and specifically the physical fitness requirements, the membership has adopted a physical fitness assessment test for all membership candidates to take prior to being interviewed for the position of paid on-call firefighter for the fire department. The next by-law revision is in 5.0., Membership, paragraph 5.1. This paragraph references the importance of response time to the Elk River Fire Station by the firefighters. The next by-law change addresses 8.0., Ambulance Service. The entire section under 8.0., has been revised and the ambulance service will now be directed by a five member board of directors. By-laws 8.1. through 8.7. specifically address: establishment of the board of directors, meeting times, chairperson selection, daily operation, and establishment of operating guidelines. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 The final by-law revision is under Section 9.0., Sexual Harassment. The only change under this policy is under 9.2.5. and we are adding the words "or anyone else in a position of authority at the city." The reason for this addition is when the fire department adopted the city's policy in reference to sexual harassment, these words were not included in the original approved sexual harassment by-law. The Elk River Fire Department By-Law Committee has worked diligently over the past two months to present the by-law revisions to the general membership of the fire department. The fire department membership voted final approval of each and every by-law revision at the December 3, 1998, regular meeting. I will be in attendance at the December 14, 1998, council meeting to address the issue of the fire department by-law changes. If you have any questions prior to the City Council meeting, please feel free to call me at the office at 441-4919. 2.0 Membership Candidates (~ Membership in the Department shall be open to any candidate who is at least eighteen years old, a citizen of Elk River, or the Elk River fire service area. 2.2 Candidates for probationary membership shall be selected by the Membership Committee. The Membership Committee shall be comprised of the Chief and all elected and appointed officers. Final selection of candidates shsll be based on data from written applications, fire fighter skill testing, and personal interviews. Selection criteria shall be based on attributes such as, but not limited to; availabiIiW, response time, physical fitness, education, and occupational skills. Membership shall not be rejected because of the candidate's race, gender, religion, color or national origin. 2.4 Candidates for probationary membership must pass a physical examination before the beginning of the probationary period. The exsmination will be paid for by the Department. 2.5 Membership in the Department shsl] be obtsined only after successfully completing a one year probationary period including passing the minimum training requirements of State and federal statutes and meeting the membership Responsibilities of the Department's Duties and Details found in Appendix A of the Bylaws. 2.6 The Membership Committee shall review, at least quarterly, the progress of the probational candidate toward full membership. Failure of the probational member to comply with the requirements of paragraph 2.5 or show satisfactory progress in education may result in dismissal of the candidate. 2.7 Membership seniority in the Department will be retroactive to the date of appointment as a probationary member. 2.8 Former members, who have reapplied for membership and are selected by the Membership Committee, shall meet the training requirements of Section 2.5 that are in effect at the time of their reinstatement. The returning members shall regain their former seniority and benefit classifications. 4.0 3.7 The appointive officers shall be captains, trsining officers, and public relations officers. Duties 4.1 The Chief shall preside at oil meetings of the Department, perform the general executive duties of that office, and be in charge of the entire Department during its operations at all fires, meetings, drills, and schools of instruction. The Chief shall make and enforce such disciplinary rules as are necessary for the functioning of the Department while on duty. 4.2 The Assistant Chief shall, during the absence of the Chief, exercise all duties of the Chief. The Assistant Chief shall perform all other duties assigned by the Chief. 4.3 The Chiefs will specify the duties of the Captains. In the absence of the Chiefs, the Captain shall exercise the duties of the Chief. 4.4 Members shall attend fires and drills and perform all duties as directed by the Chief, other officers, and as specified bY the Department's Duties and Details. 5.0 Membership Each member is expected to report to emergency fire calls, to attend drills, meetings, and special events sponsored by the Department. Minimum required attendance at emergency fire, drills, and meetings are detailed in the Department's Duties and Details. 5.2 If a member does not report to the minimum number of fire emergencies or attend the minimum number of drills and meetings, as specified in the Duties and Details, the member will attend a hearing by the Review Board to determine the reason for absence. Based on information found in the hearing, and the deficiency of the member's performance, the Review Board may recommend to the Chief that disciplinary action to be taken. The Chief may impose appropriate disciplinary action that may include but not limited to probation, suspension for a period of time without accrual of benefits, or recommendation for dismissal. 7 7.0 elected for three year terms but limited to two consecutive terms. Members will be elected by written ballot at the Annual Meeting. 6.5.1 The Review Board shall report to the Chief at the beginning of each quarter the no_roes and deficiencies of members who did not meet the minimum requirements specified in the Duties and Details for the previous quarter. Members shall receive quarterly copies of deficiency reports so that the members may maintain or restore their good standing in the Department. Also the Board may be requested to hold hearings on alleged wrong doing as described in Section 3.6 of these By-Laws. 6.5.2 The Communications Board sh~ll be the liaison between the membership and the officers of the Department. The Board shall hear grievances, petitions, complaints, or suggestions of the membership. If the Board finds the grievance or petition is justified, it sholl be their duty to the best of their ability to resolve the issue to promote equality and harmony within the Department. 6.6 Only the Chief, and the Assistant Chief, when acting in the capacity of the Chief, shall have the power to make binding contracts in behalf of the Department as authorized by the City Council and Ordinance. Committees and Special Business 7.1 All committees shall be appointed by the Chief. 8.1 The Elk River Fire and Ambulance Service will own and operate a Basic l,ife Support Service Ambulance licensed by the State of Minnesota Department of Health. 8.2 The Ambulance Service will be directed by the Ambulance Board. All properly certified medical technicians who are members of the Department may become members of the Board. The Fire Chief will be an ex official member of the board. The board will be headed by an Ambulance Coordinator. The coordinator will be elected on even number years by the Department at the Annual Meeting 10 9.0 from candidates selected from eligible members of the `Ambulance Board. 8.3 The .Ambulance Board will establish operating guidelines and protocols that assure that the Department complies with required medical standards. 8.4 Major changes in operation or purchases exceeding $500.00 by the Board will be reviewed by the officers of the Department and brought to the Department for a vote at a regular business meeting or if required, at a special meeting that may be called by the Chief. Sexual Harassment 9.1 It is the policy of the Elk River Fire and Ambulance Service that sexual harassment and inappropriate conduct of employees are prohibited. Any employees found to have acted in violation of this policy will be subject to appropriate disciplinary action, which may include immediate terrain ation. 9.2 "Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal of physical conduct or communication of a sexual nature when: 9.2.1 submission to the undesirable conduct or communication is made a term or condition, either explicitly or implicitly, of an individual's employment; 9.2.2 submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; 9.2.3 that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creates an intimidating, hostile, or offensive work environment; and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action; or 11 2.0 Membership Candidates Membership in the Department shall be open to any candidate who is at least eighteen years old and lives within a three-mile radius of any actively used Elk River fire station. 2.2 Candidates for probationary membership sh~ll be selected by the Membership Committee. The Membership Committee shall be comprised of the Chief and all elected and appointed officers. Final selection of candidates shall be based on data from written applications, fire fighter skill testing, and personal interviews. Selection criteria shall be based on attributes such as, but not limited to; availability, response time, physical fitness, education, and occupational skills. Membership shall not be rejected because of the candidate's race, gender, religion, color or national origin. (See Appendix E, physical fitness requirements) 2.4 Candidates for probationary membership must pass a physical examination before the beginning of the probationary period. The examination will be paid for by the Department. 2.5 Membership in the Department shall be obtained only after successfully completing a one year probationary period including passing the minimum training requirements of State and federal statutes and meeting the membership Responsibilities of the Department's Duties and Details found in Appendix A of the Bylaws. 2.6 The Membership Committee shall review, at least quarterly, the progress of the probational candidate toward full membership. Failure of the probational member to comply with the requirements of paragraph 2.5 or show satisfactory progress in education may result in dismissal of the candidate. 2.7 Membership seniority in the Department will be retroactive to the date of appointment as a probationary member. 2.8 Former members, who have reapplied for membership and are selected by the Membership Committee, shall meet the training requirements of Section 2.5 that are in effect at the time of their reinstatement. The returning members shall regain their former seniority and benefit classifications. 5 4.0 5.0 3.7 The appointive officers shall be captains, training officers, and public relations officers. Duties 4.1 The Chief shall preside at all mee_tings of the Department, perform the general executive duties of that office, and be in .. charge of the entire Department during its operations at fires, mee~ngs, drills, and schools of instruction. The Chief shall make and enforce such disciplinary rules as are necessary for the functioning of the Department while on duty. 4.2 The Assistant Chief shall, during the absence of the Chief, exercise all duties of the Chief. The Assistant Chief shall perform all other duties assigned by the Chief. 4.3 The Chiefs will specify the duties of the Captains. In the absence of the Chiefs, the Captain shall exercise the duties of the Chief. 4.4 Members shall attend fires and drills and perform all duties as directed by the Chief, other officers, and as specified by the Department's Duties and Details. Membership Because of importance response time, firefighters of must ]_ive within a three mile radius of an actively used Elk River fire station. Firefighters residing beyond the three mile limitation on December 1, 1998 are exempt from this regulation. 5.2 Each member is expected to report to emergency fire cslls, to attend drills, meetings, and special events sponsored by the Department. Minimum required attendance at emergency fire, drills, and meetings are detailed in the Department's Duties and Details. 5.3 If a member does not report to the minimum number of fire emergencies or attend the minimum number of drills and meetings, as specified in the Duties and Details, the member will attend a hearing by the Review Board to determine the reason for absence. Based on information found in the hearing, and the deficiency of the member's performance, the Review Board may recommend to the Chief that disciplinary action to be taken. The Chief may impose appropriate disciplinary action 7 6.6 7.0 elected for three year terms but limited to two consecutive terms. Members will be elected by written ballot at the Annual Mee~ng. 6.5.1 The Review Board shall report to the Chief.at the beginning of each quarter the n~mes and deficiencies of members who did not meet the minimum requirements .. spe~i~ed in the Duties and Det~il.~ for the previous quarter. Members shall receive quarterly copies of deficiency reports so that the members may m~int~in or restore their good standing in the Department. Also the Board may be requested to hold hearings on alleged wrong doing as described in Section 3.6 of these By-Laws. 6.5.2 The Communications Board shall be the liaison between the membership and the officers of the Department. The Board shall hear grievances, petitions, complaints, or suggestions of the membership. If the Board ~nds the grievance or petition is jus~ied, it shall be their duty to the best of their ability to resolve the issue to promote equality and harmony within the Department. Only the Chief, and the Assistant Chief, when acting in the capacity of the Chief, shall have the power to make binding contracts in behalf of the Department as authorized by the City Council and Ordinance. Committees and Special Business 7.1 All committees shall be appointed by the Chief. 8.1 The Elk River Fire and Ambulance Service will own and operate an Ambulance Service licensed by the State of ~inuesota Department of Health. 8.2 The Ambulance Service will be directed by a five-member Board of Directors (BOD). All Directors shall be active members of the Department and elected by ballot for two year terms at the Annual Mee~ng. 8.2.1 The BOD membership shall include two active Firefighter Emergency Medical Technicians (EMT), two non-EMT firefighters and one at-large 10 firefighter. The members shall select a chairperson and determine terms at the first meeting. 8.2.2 There will be three non-voting ex-officio members of the Board, the Fire Chief, the Secretary- Treasurer, and the Ambulance Coordinator. 8.3 The BOD shall meet at least two times a year with one meeting scheduled just prior to the Department's ~nnual meeting. Additional or special mee~ngs may be called at the request of any member of the Department. 8.4 The BOD shall exercise their judgment and experience in directing the Ambulance Service. They shall develop a long-term business plan and an annual budget, approve major purchases, determine compensation for the coordinator, attendants and secretary-treasurer, and make other business decisions necessary to successful management of the Service. 8.5 The Chairperson shall report to the Membership with any action taken by the Board. The financial records shall be available for inspection at all times in the Chief's office. 8.6 The dally operation of the Ambulance service will be directed by the .Ambulance Coordinator. The Coordinator will be elected on even numbered years by the Department at the Annual Meeting. 8.7 All properly certified EMTs in the Department along with the Coordinator will establish operating guidelines and protocols that assure that the service complies with required medical standards. 9.0 Sexual Harassment 9.1 It is the policy of the Elk River Fire and Ambulance Service that sexual harassment and inappropriate conduct of employees are prohibited. Any employees found to have acted in violation of this policy will be subject to appropriate disciplinary action, which may include immediate termination. 11 9.2 "Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal of physical conduct or communication of a sexual nature when: 9.2.1 submission to the undesirable conduct or communication is made a term or condition, either explicitly or implicitly, of an individual's employment; 9.2.2 submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; 9.2.3 that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creates an intimidating, hostile, or offensive work environment; and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action; or 9.2.4 such conduct or communication occurred becauSe of the sex of the victim even though it is not clearly sexual in nature or an explicit sexual advance. Any claims of a violation, of this policy should be reported to the em lo ees immediate su ervisor the Fire Chief'-Pr anyone else in a position of auth~at the Ci_t_y.~ Any claims 6]!'Sexual harassm~'~'~--rr'~d-~i~ons Sexual Harassment Pohcy will be reported to and investigated by the Fire Chief unless another individual is deemed more appropriate. If the facts appear to support the allegations of sexual harassment or violation of this pohcy, disciplinary action up to and including immediate termination may result. All reports of harassment will be handled as confidentially as possible by the City. Any employee found to have made a falae complaint of a violation of this pohcy or found to have knowingly given false information during an investigation of such a complaint may also be subject to disciphnary action. This pohcy apphes to all of the City's employees while performing their duties as employees within or outside the workplace. For purposes of this policy, employees includes all individuals who are hired, 12 Ell R ver F re and Ambulance Service By-laws, Duties, and Standard Opera~£ng Guidelines TABLE OF CONTENTS ELK RIVER FIRE AND AMBULANCE SERVICE BY-LAWS, DUTIES, AND STANDARD OPERATING GUIDELINES ARTICLE PAGE 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 Al.0 A2.0 A3.0 A4.0 A5.0 A6.0 A7.0 Organization Membership Candidates Elections and Appointments Duties Membership Department Business Committees and Special Business Ambulance Service Sexual Harassment Authority, Amendments, and Revisions of the By-Laws Duties and Details Membership Responsibilities Meetings and Drills Safety General Reports Compensation Fire Department Orgsnization Chart Standard Operations Guide]in es Appendix A Minimum Trsinlng Appendix B Vacation Schedule Appendix C Educational Incentive Pay Appendix D Firefighter Compensation 4 5 6 7 7 9 10 10 11 12 13 13 14 14 15 15 15 16 24 52 53 54 56 2 ELK RIVER FIRE AND AMBULANCE SERVICE BY-LAWS, DUTIES, AND STANDARD OPERATING GUIDELINES Introduction The Elk River Fire and Ambulance Service Department expects a very high level of professional conduct from all members. Each member shall familiarize themselves with and abide by all fire department rules, regulations, pohcies and standard operating procedures of the Fire and Ambulance Department. Mission Statement To minimize loss of life and property for the City of Elk River and contracted area from fires, natural disasters, life threatening situations and to assist other emergency agencies. To perform these services in an fficient manner by mMntMning effective prevention, emergency response, fire suppression training. General Rules These rules cannot, nor are they expected to provide a solution to every question or problem which may arise in an organization estabhshed to render emergency service. It is expected, however, that they will sufficiently cover, either in a specific or general way, the obligations of the members of the Department. 3 ELK RIVER FIRE DEPARTMENT BY-LAWS 1.0 Organization 1.1 The name of the Department shall be the Elk River Fire and Ambulance Service. (Hereinafter designated as Department). 1.2 The Department is organized to afford fire protection of life and property and provide rescue service for the City of Elk River and surrounding contract areas, the Department shall provide Ambulance service in the City of Elk River and the surrounding designated primary service area. 1.3 The Department org-ni~.ation is established by the authority of Elk River City ordinance Code 206, these By-Laws, and the description of the duties and details. The By-Laws describe the general organization of the Department and the description of duties and details set forth the responsibilities of the individual members of the Department. 1.4 The maximum membership in the Department shall be thirty- five active members, including four chiefs. Membership changes may be made with City Council approval. 1.5 The Department chain of command at an emergency response shall be: 1.5.1 Chief 1.5.2 Assistant Chiefs 1.5.3 Captains 1.5.4 Senior fire fighter at the scene 1.6 1.7 1.8 The Department shall drill on the second Thursday of each month starting at 7:00 p.m. and meet on the last Thursday of each month starting at 7:30 p.m.. The Chief may call special meetings or drills. The Annual Meeting will be held no earher than the first Saturday of March. The Chief will announce the location and starting time of the meeting at the December business meeting. 4 2.0 Membership Candidates 2.1 Membership in the Department shall be open to any candidate who is at least eighteen years old and hves within a three-mile radius of any actively used Elk River fire station. 2.2 Candidates for probationary membership shall be selected by the Membership Committee. The Membership Committee shall be comprised of the Chief and all elected and appointed officers. 2.3 Final selection of candidates shall be based on data from written applications, fire fighter sl~ill testing, and personal interviews. Selection criteria shall be based on attributes such as, but not limited to; availability, response time, physical fitness, education, and occupational sl~ills. Membership shall not be rejected because of the candidate's race, gender, religion, color or national origin. (See Appendix E, physical fitness requirements) 2.4 Candidates for probationary membership must pass a physical examination before the beginning of the probationary period. The examination will be paid for by the Department. 2.5 Membership in the Department shall be obtained only after successfully completing a one year probationary period including passing the minimum training requirements of State and federal statutes and meeting the membership Responsibilities of the Department's Duties and Details found in Appendix A of the Bylaws. 2.6 The Membership Committee shall review, at least quarterly, the progress of the probational candidate toward full membership. Failure of the probational member to comply with the requirements of paragraph 2.5 or show satisfactory progress in education may result in dismissal of the candidate. 2.7 Membership seniority in the Department will be retroactive to the date of appointment as a probationary member. 2.8 Former members, who have reapplied for membership and are selected by the Membership Committee, shall meet the training requirements of Section 2.5 that are in effect at the time of their reinstatement. The returning members shall regain their former seniority and benefit classifications. 5 3.0 2.9 Honorary members may be elected by written ballot by active members of the Department. Elections and Appointments 3.1 The elective officers of this department shall be the three assistant chiefs and a secretary/treasurer. The officers shall be elected for two-year terms. The third assistant chief shall be elected on even years and the first assistant, second assistant chief and the secretary/treasurer shall be elected on odd years. 3.2 The members shall vote by written ballot to elect two Department Representatives to the Full Time Position Selection Committee. The member representatives shall be elected at a regular meeting as provided in Section 3.5. 3.3 The Chief shall appoint a three member nominating committee at the December meeting. The nominating committee shall recommend qualified candidates for all elected positions. The nominating committee shall post their recommendations on the bulletin board at least one week before the Annual Meeting. 3.4 Any member interested in becoming a candidate for an elective office may enter or allow their name to be entered on a form posted on the bulletin board at the fire station. The entry form will be posted from the November meeting until January 31. The nominaling committee shall review the duty status and eligibility of the candidate before the election. Nominations may be made from the floor at the Annual Meeting. 3.5 If a vacancy occurs in an elective position as specified in paragraph 3.1, the vacancy shall be announced, posted at the next regular meeting, and be filled by written ballot during the following regular meeting. Qu_~lified candidates for the vacant position shall be determined by the same method used for the annual election. The secretary shall notify the members of the election by mail. 3.6 If any member is alleged to have committed wrong doing inside or outside the Department, the presiding officer shall request the Review Board to conduct a hearing with the member to investigate the allegations and report to the full membership at the next regular meeting. The membership shall vote by written ballot whether to accept the report of the Review Board and implement any recommended disciplinary measures. 6 4.0 3.7 The appointive officers shall be captslns, training officers, and public relations officers. Duties 4.1 4.2 4.3 The Chief shall preside at all meetings of the Department, perform the general executive duties of that office, and be in charge of the entire Department during its operations at all fires, meetings, drills, and schools of instruction. The Chief shall make and enforce such disciplinary rules as are necessary for the functioning of the Department while on duty. The Assistant Chief shall, during the absence of the Chief, exercise all duties of the Chief. The Assistant Chief shall perform all other duties assigned by the Chief. The Chiefs will specify the duties of the Captains. In the absence of the Chiefs, the Captain shall exercise the duties of the Chief. 5.0 4.4 Members shall attend fires and drills and perform all duties as directed by the Chief, other officers, and as specified by the Department's Duties and Details. Membership 5.1 Because of importance of response time, ~ll firefighters must live within a three mile radius of an actively used Elk River fire station. Firefighters residing beyond the three mile limitation on December 1, 1998 are exempt from this regulation. 5.2 Each member is expected to report to emergency fire calls, to attend drills, meetings, and special events sponsored by the Department. Minimum required attendance at emergency fire, drills, and meetings are detailed in the Department's Duties and Details. 5.3 If a member does not report to the minimum number of fire emergencies or attend the minimum number of drills and meetings, as specified in the Duties and Details, the member will attend a hearing by the Review Board to determine the reason for absence. Based on in('ormation found in the hearing, and the deficiency of the member's performance, the Review Board may recommend to the Chief that disciplinary action to be taken. The Chief may impose appropriate disciplinary action that may include but not limited to probation, suspension for a period of time without accrual of benefits, or recommendation for dismissal. 5.4 When it has been established that grounds for dismissal exist, the Chief shall recommend discharge to the membership of the Department. The members shall, by a majority of votes cast by written ballot at a regular business meeting, determine whether the member should be discharged. 5.5 Members who are temporarily unable to fl~lfill the minimum attendance requirements for fire emergencies due to health, work, or family situations, may make a request for a l,imited Duty Assignment from the Chief to maintain their active status in the Department. l,imited duty assignment will be granted by vote of the Chief, Assistant Chiefs, and Secretary/Treasurer. If granted, the Chief will make up a list of alternative duties appropriate for the needs of the Department and the limitations of the member. The member on limited duty must meet all other Department attendance requirements. The member's limited duty assignment status shall be reviewed by the officers within three months. The duties may be changed depending on the status of the member. 5.6 A leave of absence of up to one year may be granted to a member upon a written request and approval by the membership in a written ballot at a regular business meeting. Seniority or benefits shall not accrue during the leave of absence. The member on leave may request early reactivation by written application to the Chief. Any deficiency existing at the start of the leave of absence shall be made up immediately upon return to the Department. 5.7 Members who are in active military service will retain their seniority and accrual of benefits from the Department and will be exempt from provisions of Articles 5.1 and 5.2 while on duty. 5.8 A member on leave of absence, military leave, or on suspension shall not have the right to vote on Department issues. 6.0 6.2 6.3 6.4 6.5 Department Business 6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 6.1.6 6.1.7 6.1.8 6.1.9 6.1.10 6.1.11 6.1.12 6.1.13 6.1.14 Call to Order Roll Call Reading the Minutes Treasurer's Report Application for membership Voting on candidates Communications and Bills Committee Reports Old Business New Business Election of Officers Instructions Adjournment Roll Call A quorum shall be 50% plus one of the voting members to conduct business at any regular or special meeting of the Department. Any issue may be voted on by written ballot upon request of a member. Major issues will be determined by a majority vote of members at that regular monthly meeting. The Secretary/Treasurer shall give notice of, and attend meetings of the Department and shall record the minutes of the meetings. The Secretary/Treasurer shall have custody of Department funds. All funds received shall be deposited and all bills paid as directed by the Department. The Secretary/Treasurer shall read the minutes and give the financial statement at regular meetings, and submit reports for the annual meetings as directed by the Department. All bills shall be paid by check and all checks over $500 shall be countersigned by the Chief. The Secretary/Treasurer shall be bonded by the Department for a minimum of 15% of Departments financial assets and be paid a salary determined by the Department at the Annual Meeting. A Review Board, and a Communications Board shall be established. Each board shall each consist of three members one of each who wi]] represent the Department's youngest third, middle third, and senior third in years of service. Initially the senior member will be elected for a one year term, the middle member for a two year term and the youngest members will be 9 6.6 7.0 8.0 elected for three year terms but limited to two consecutive terms. Members will be elected by written ballot at the Annual Meeting. 6.5.1 The Review Board shall report to the Chief at the beginning of each quarter the n~mes and deficiencies of members who did not meet the minimum requirements specified in the Duties and Details for the previous quarter. Members shall receive quarterly copies of deficiency reports so that the members may maintain or restore their good standing in the Department. Also the Board may be requested to hold hearings on alleged wrong doing as described in Section 3.6 of these By-Laws. 6.5.2 The Communications Board shall be the liaison between the membership and the officers of the Department. The Board shah hear grievances, petitions, complaints, or suggestions of the membership. If the Board finds the grievance or petition is justified, it shall be their duty to the best of their ability to resolve the issue to promote equality and harmony within the Department. Only the Chief, and the Assistant Chief, when acting in the capacity of the Chief, shall have the power to make binding contracts in behalf of the Department as authorized by the City Council and Ordinance. Committees and Special Business 7.1 All committees shall be appointed by the Chief. Ambulance Service 8.1 The Elk River Fire and Ambulance Service will own and operate an Ambulance Service licensed by the State of Minnesota Department of Health. 8.2 The Ambulance Service will be directed by a five-member Board of Directors (BOD). All Directors shall be active members of the Department and elected by ballot for two year terms at the Annual Meeting. 8.2.1 The BOD membership shall include two active Firefighter Emergency Medical Technicians (EMT), two non-EMT frrefighters and one at-large 10 firefighter. The members shall select a chairperson and determine terms at the first meeting. 8.2.2 There will be three non-voting ex-officio members of the Board, the Fire Chief, the Secretary- Treasurer, and the Ambulance Coordinator. 8.3 The BOD shall meet at least two times a year with one meeting scheduled just prior to the Department's annual meeting. Additional or special meetings may be called at the request of any member of the Department. 8.4 The BOD shall exercise their judgment and experience in directing the Ambulance Service. They shall develop a long-term business plan and an annual budget, approve major purchases, determine compensation for the coordinator, attendants and secretary-treasurer, and make other business decisions necessary to successful management of the Service. 8.5 The Chairperson shall report to the Membership with any action taken by the Board. The financial records shall be available for inspection at all times in the Chiefs office. 8.6 The daffy operation of the Ambulance service will be directed by the Ambulance Coordinator. The Coordinator will be elected on even numbered years by the Department at the Annual Meeting. 8.7 All properly certified EMTs in the Department along with the Coordinator will establish operating guidelines and protocols that assure that the service complies with required medical standards. 9.0 Sexual Harassment 9.1 It is the policy of the Elk River Fire and Ambulance Service that sexual harassment and inappropriate conduct of employees are prohibited. Any employees found to have acted in violation of this policy will be subject to appropriate disciplinary action, which may include immediate terrain ation. 11 9.2 "Sexual harassment" includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal of physical conduct or communication of a sexual nature when: 9.2.1 submission to the undesirable conduct or communication is made a term or condition, either explicitly or implicitly, of an individual's employment; 9.2.2 submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; 9.2.3 that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creates an intimidating, hostile, or offensive work environment; and the employer knows or should know of the existence of the harassment and fails to take _timely and appropriate action; or 9.2.4 such conduct or communication occurred because of the sex of the victim even though it is not clearly sexual in nature or an explicit sexual advance. 9.2.5 Any claims of a violation of this policy should be reported to the employee's immediate supervisor, the Fire Chief, or anyone else in a position of authority at the City. Any claims of sexual harassment or violations of the Sexual Harassment Policy will be reported to and investigated by the Fire Chief unless another individual is deemed more appropriate. If the facts appear to support the allegations of sexual harassment or violation of this policy, disciplinary action up to and including immediate termination may result. All reports of harassment will be handled as confidentially as possible by the City. Any employee found to have made a false complaint of a violation of this policy or found to have knowingly given false information during an investigation of such a complaint may also be subject to disciplinary action. This policy applies to all of the City's employees while performing their duties as employees within or 12 outside the workplace. For purposes of this policy, employees includes all individuals who are hired, elected, appointed, or contracted to provide services to the City. 10.0 Authority, Amendments, and Revisions of the By-Laws 10.1 These By-Laws are intended to be compatible with the Ordinances of the City of Elk River. If any provision herein is in conRict with the City ordinance 206.00, the Ordinance will have precedence. 10.2 The By-Laws and Duties and Details shall be reviewed periodically by a committee appointed by the Chief. Amendments to the By-Laws may be proposed by any member at a regular meeting. Voting on that amendment shall occur at the following meeting. Proposed ~menaments shall be submitted to the City Council for its review and unless objected to by the City Council shall be effective upon approval by majority of the members of the Department. Passed and adopted at a regular meeting of the Elk River Fire and Ambulance Service this 29th day of January, 1998. Bruce A. West, Fire Chief Al.0 DUTIES AND DETAILS Duties and Details define the individual responsibility of members of the Elk River Volunteer Fire Department. It is intended that these rules assure that work within the department be fairly and equally shared by all members. The Duties and Detsils should be continuously evolved to provide for the needs of the Department. Membership Responsibilities Every member shall attend at least four scheduled meetings and four scheduled drills in each half of the calendar year. Should a member miss more than two scheduled meetings or scheduled drills in one half a year, the member shall attend enough meetings within the next half of the year to meet the minimum 13 yearly standard. Extra tr~inlng d_rills may count toward the minimum yearly requirement with the approval of the Chief. Every member shall respond to a minimum of 30% of all emergency fire calls. Should a member's response rate to emergency fire calls fall below 30% for a six month calendar period, the member shall respond to enough fire emergencies within the next six month period to bring the average response rate to 30% for the calendar year. The following exceptions to the minimum emergency response requirements will be allowed: A.2.2(a) Fire fighters will be given attendance credit for emergencies occurring while they are attending approved fire fighting training. A.2.2(b) Fire fighters will be exempted from attendance requirements during the member's vacation. Fire fighters will be granted vacation time equivalent to the latest City of Elk River vacation policy as based on the member's length of service. (See Appendix B). Every member shall take a minimum of six hours of certified fire fighter training each year. Training must be appropriate for the duties and skills of the individual fire fighter. Training may be either classroom or in practical application of skills. Every member is expected to remain in reasonable physical condition and be able to perform a majority of fire fighters duties without endangering the member's life and health, those of the public, or fellow fire fighters. A member shall not respond to any emergency response if that member is under the influence of any chemical such as alcohol, drugs, or medication. Safety of the public and fellow fire fighters are of the utmost importance. Members who cannot meet the membership requirements as stated in Articles A2.1 through A2.5 may request a limited duty assignment as permitted in Article 5.4 of the By-Laws or a leave of absence as permitted in Article 5.5 of the By-Laws. A3.0 Meeting and Drills A. 3.1 Meetings and drills shall start on time. Members are expected to be in attendance at the designated starting time. Roll call 14 A4.0 A5.0 A6.0 A7.0 will be taken at the start and conclusion of the meeting or drill. Members who answer both roll calls will be given full credit for satisfaction of their minimum attendance requirements. If the member misses either of the roll calls, that member will receive only half credit for minimum attendance requirements. A3.2 Members may be tardy or leave a meeting or drill early ff they obtain prior permission from the Chief and]or the Training Of:ricer. There will not be excused absence from a complete meeting except for fire department related activities. Safety A4.1 Fire fighters shall obey all tr~f-fic rules and regulations when reporting to an emergency. A4.2 Equipment operators must obey all traffic rules and regulations when responding to the emergency scene. Proper use of lights and siren must be followed. A4.3 Fire fighters must follow established safety procedures at the fire scene, especially use of self contained breathing apparatus (SCBA) during entry operations. A4.4 All Department related injuries, regardless of how minor, must be reported to an officer within 24 hours of occurrence. The officer shall make a written report describing the injury, cause, item, and place of occurrence. General A5.1 All requests for information about an emergency from the media on the public must be answered only by the Chief or the officer in charge. Reports A6.1 The secretary-treasurer shall provide copies of the minutes and financial reports on file in the Department office. The reports are confidential and are for inspection by only members of the Department. Compensation A7.1 (See appendix C and D). 15 Marv Dreissig Finance Officer Mike Trunnell Tr~ ni n g Officer Rob Dreissig Apparatus Officer Communications[ Board [ Review Board [ Steve Dittbenner Ambulance Coordinator Ambulance Personnel Fire Chief- Bruce A. West First Assistant Chief M~ke Trunnell[ Second Assistant Chief Bob McCartney Third Assistant Chief Rob Dreissig [Captain-1 Cli~ Anderson [Dan Kreuser Captain-3 [ Cliff Skogs tad Squad One [ Relief Assoc. President Jim N~strom I Squad Two I Squad Three Bob Pearson [ Relief Secretary[ Randy Sykes Relief Treasurer RobDreissig [ Vice President [ Ex-officios [ [ Relief Trustees Lori Johnson [ Dave Plude Hank Duitsman [ Cliff Skogstad Bruce West 16 APPENDIX A 2.5.1 2.5.2 2.5.3 2.5.4 2.5.5 2.5.6 First Responder Hazardous Materials Awareness Control of Infectious Diseases Con(~ned Space Entry Employee Right to Know Basic Firefigh~ng, NFPA Standards 52 APPENDIX B b. Rate of Accumulation -Vacation time shall be earned based on the following consecutive years of full-time service: Length of Service Accumulation Rate 0-5 years 6-7 years 8-9 years 10-11 years 12-13 years 14-15 years 16-17 years over 17 years 10 working days per year 14 working days per year 15 working days per year 16 working days per year 17 working days per year 18 working days per year 19 working days per year 20 working days per year 53 APPENDIX C Elk River Fire Department Members December 18, 1997 Re: Educational Incentive Pay The Task Force members met with the Fire Chief on Tuesday December 9, 1997 to define the hours to be utilized for the Educational incentive pay. There were discussions held in reference to the variety of tr_aining available to the Fire Department members. The objective in defining the trsining for the educational incentive pay was to be fair and consistent to all, whether they be present or future Firefighters. The intention of the Educational Incentive Pay is to reward the Fixefighters that obtain training beyond the required Fire Department minimums. Following is the list defining the Educational Incentive Pay hours that the Task Force has developed: Inclusions All related Fire School training that issues a certificate of completion. These Fire Schools can be the Vocational, College, State or National. As long as the training is Fire Fighting related and comes with some form of completion certificate it can qualify. This is a broad based inclusion statement that could require course descriptions to be reviewed before accepting them into the incentive pay. Exceptions Inspection related classes will be allowed, but with a maximum of 40 hours credit towards the incentive pay. This ceiling was established at the same hours available through the current State Fire school courses de~ling with fire inspections. This is also the training hours for a Fire Inspector I. Exclusions 1) Any Emergency Medical Systems (EMS) related training. 2) Required minimum trsining as directed by Minnesota OSHA, State, Federal, and the Elk River Fire Department. Example of these minimums would be: Firefighter 1403 Basic Firefighter I &II (or NFPA 1001), First Responder, Hazardous Materials, and the monthly Fire Department drills. The monthly drill trsining topics adhere to the required minimums for the yearly trsining. 3) Voluntary participation in Mutual Aid training opportunities with surrounding Cities. 4) Live trsinlng burns. 54 All classes credited will be reviewed by the Fire Chief and the Firefighter. This review will fully in(om the firefighter on their pay rate status as defined by the approved compensation package that will take effect on January 1, 1998. Task Force Members: Cliff Skogstad Bob Pearson Randy Sykes Clit~ Anderson 55 APPENDIX D FIREFIGHTER COMPENSATION APPROVED BY CITY COUNCIL OCTOBER 27, 1997 Firefighter Compensation has been approved as follows for 1998 and 1999. These terms and conditions remain in effect until amended be the City Council. The pension contribution and pay rate will increase on January 1, 1998, and January 1, 1999. Future increases will be considered with adoption of the City pay resolution. Holiday Pay-double time shall be paid for emergency hours worked on New Years Day, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas Eve, and Christmas Day. Education Incentive Pay-Additional pay will be provided for Firefighters who complete more than the minimum, mandatory training/education hours. All Educational Incentive training hours must be approved by the Fire Chief. Minimum required hours for First Responder and Firefighter One, annual minimum State and Federal required training hours and training hours required for ambulance services shall not be included as ehgible Educational Incentive pay trsining hours. Educational Incentive Pay shall be paid according to the following schedule: Hours of training Additional per hour pay 48-107 $.50 108-167 .25 168-227 .25 228-287 .25 288-347 .25 348-407 .25 408 and over .25 Pay Rates-Captsins will receive and additional $.50 per hour above the Firefighter pay rate. Assistant Chiefs will receive an additional $1.00 per hour above the Firefighter pay rate. Rates of Pay Position 1998 1999 Probationary frrefighter $8.00 $8.00 Firefighter $8.75 $9.25 Pension Contribution 1998-$20,150 1999-$21,350 56 .Appendix E Physical Fitness Screening (Agility Test) Purpose of the Test The purpose of physical fimess screening (the agility test) is to assure the ability of personnel to safely perform the activities required of a firefighter. The objective of the test is to assess the ability of the firefighter and/or new applicant to meet the physical demands and working conditions of firefighters. Schedule for Testin~ New Applicants After the oral interview and prior to final selection. .... Probationary Members Prior to the end of the probationary period and before becoming an active member. Active Members Optional, annually during a special drill. Testine C, earfErluiomen_t New Applicants Tested in turnout coat, long pants, and helmet, gloves, tennis shoes or street shoes, with SCBA. No facepiece worm Probationary Members Tested in turnout coat, long pants, helmet, gloves, tennis shoes or street shoes, with SCBA. No facepiece worn. Active Members Tested in turnout coat, long pants, helmet, gloves, and tennis shoes or street shoes, with SCBA. No faeepieee worn. Task-Oriented Physical Demands Assessment The Task-Oriented Physical Demands Assessment consists of tasks, which must be done successively, without rest. This assessment shall be done in less than eight (8) minutes' th/try 00) seconds for a successful completion. The Task-Oriented Physical Demands Assessment shall be administered by the Elk R/ver Fire Department and records kept by the F/re Chief. A HealthSpan Paramedic will be present during the testing for coordination as a consultant. An Elk River Fire Department active firefighter will be present at each task station to ass/st each person (candidate, probationary or active member) during the assessment test, Task 2 3 5 Task Description ['or Candidat~ Kneeling Screen For one minute thirty seconds (1:30), kneel with both knees on the ground and remain kneeling until beginning Task 2. A warning will be given at the one minute twenty-five (1:25) second mark. Crawl Crawl 50 feet on all fours without standing. Victim Rescue Drag a 145-pound victim a distance of 75 feet. This task is completed when both the victim and candidate completely cross a 75- foot line. Ladder Climb "' Climb a 14-foot roof ladder to the top of the Aerial Platform touching the top of the ladder and proceed down the ladder. Each step shall be touched on the way up and down the ladder. HOse Hoist From the top of the stairs, lift a 50-foot hose bundle of 2 ~A inch hose (approximately 40 pounds) from the floor over the railing, placing the hose on the floor next to the railing. Unhook the "D" ring from the hose bundle and use the hose for the next task crask 6). 6 7 8 9 Stair Climb Grab the 50-foot 2 ½ inch hose bundle used in Task 5 and proceed down the stairs, touching each step, walk arotmd the cone at the bottom, and back up and down the sta/rs, leaving the hose bundle at the bottom of the staks. Forcible Entry Strike the beam, using the flat end of the maul, on the plywood simulator a distance of 6 feet using the provided maul. This task is complete when the end of the beam crosses the 6-foot line. Hose Drag Pick-up a 100-foot, 1 ~A inch charged hose hand line and drag it straight ahead for a distance of 50 feet. '" Fan Lift At the Aerial Ladder pump panel landing, grab and move the 20" gas powered fan from the top of the pump landing. Place the fan on the ground, remove your hands and return to standing straight up. Grab and move the fan fi.om the ground again and place the fan on top of the pump landing. The assessment shall be completed when the fan has been replaced on top of the pump landhag. 10 Ladder carry Remove the 14-foot 2 section extension ladder fi'om the wall pegs and carry the ladder 20 feet and set on the ground, return to standing straight up, pick-up the ladder and walk back to replace the ladder on the wall pegs. The assessment has been completed when the ladder has been returned to the wall pegs. Successful Completion of Assessment (Pass) The results of a successful completion (passing) of the Task- Oriented Physical Demands Assessment are as follows: New Applicants move on to the next step in the firefighter hiring process. Probationary Members move on to active member status after completion of probationary period and any other departmental requirements. Active Members Testing is optional, annually at special drill. Unsuccessful Completion of A~essment (Did ~ot Pass) The results of an unsuccessful completion (not passing) of the Task-Oriented Physical Assessment is as follows: New Applicant~ No position offered. Probationary Members Does not satisfactorily complete the probationary period. Active member status may be denied. Active Members Testing is optional for active members during a special drill.