The text
Footnotes:
--- (2) --- State Law reference— Powers of fire companies generally, G.L. 1956, § 23-37-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 20-39. - Removal of fire apparatus from city.#
No engine or any part of the apparatus belonging to the fire division shall be taken from the city at any time except for training purposes and except for the purpose of having such apparatus repaired; provided, however, that in case of a fire in a neighboring town or city, the mayor, or in his absence from the city, the chief of the fire division, may order not more than one-half of the fire apparatus of the city to be taken to such town or city, such apparatus to be accompanied by not more than one-half of the members of the division, for the purpose of assisting in the extinguishing of such fire. Such apparatus may also be removed from the city in order to fulfill the requirements of mutual aid agreements.
(Code 1973, § 9-5; Code 1994, § 20-35)
Sec. 20-40. - Fire department vacancies.#
(a)
Legislative findings.
(1)
It is the policy of the city to provide high-quality fire service to our community. Quality fire services are provided by professional, well-trained individuals working together. Selecting the best people to be our community's fire fighters is essential to the make-up of the fire department and the fundamental aim of a recruiting program. A proactive, positive approach to fire recruiting is necessary to attract quality applicants representative of the demographics of the city. Recruiting is conducted when needed to maintain service strength.
(2)
It is the policy of the city to identify and employ the best-qualified individuals to perform the tasks and functions of the fire department without regard to race, color, religion, sex, age, national origin, ancestry, sexual orientation, gender identity or expression, socioeconomic status or mental, physical, developmental, or sensory disability. The department prohibits discrimination against any person in recruitment, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration for reasons of political or religious opinions, affiliations, or because of race, color, national origin, physical disability or age, except where specific age or physical requirements constitute a bonafide occupational qualification necessary to properly and efficiently perform the functions of the job.
(3)
It is the policy of the city to actively encourage women and traditionally under-represented populations to apply for employment in all positions within the fire department. All persons should have equal opportunities in recruitment, selection, appointment, promotion, training, discipline and related areas.
(b)
Whenever a vacancy shall be declared to exist in the permanent fire department of this city, the personnel board shall, through the press, advertise the time and place where a competitive examination shall be held to determine the relative competency of those applicants for the position. Through the human resources department, the personnel board shall make available an application form which a prospective candidate must complete without the aid or assistance of any other person.
(1)
Applications will be made available online to create better accessibility for potential candidates.
(2)
Demographically under-represented and female officers will be depicted in the firefighting role in department publications whenever possible to encourage potential female and demographically under-represented candidates.
(3)
Female officers or officers who are demographically under-represented within the department will, whenever possible, actively encourage recruitment of potential candidates.
(4)
The fire department will participate in information sessions, and career fairs to encourage potential candidates; when possible utilizing female and demographically under-represented officers.
(5)
The fire department will build upon relationships with high schools, colleges, and universities to attract potential candidates.
(6)
The fire department will work with groups in the community representing the community's diversity to build relationships and encourage potential candidates.
(7)
Advertising will be formatted in all languages that are spoken by at least ten percent of city residents as determined by the United States Census Bureau.
(8)
Advertising will include print, web and radio broadcasts on local media outlets.
(9)
Advertising will be distributed to local area businesses in targeted areas of the city.
(c)
Any false statements, evasions, deception or reservations in answering the application questions shall be cause for rejection and if discovered after appointment is cause for dismissal. All applicants' statements relative to eligibility are subject to verification by authentic proof thereof, and applicants shall authorize the personnel board to make legitimate investigations as to residency, citizenship, education and/or other evidence of eligibility. Any person who has been convicted of a crime may be ineligible for appointment to the fire department, and no person shall be appointed unless he or she is a citizen of the United States or has been a legal permanent resident for at least five years. No applicant may be younger than 18 years of age on the date of application. All applicants must be high school graduates or received a GED (general equivalency diploma) as of the date of application. Consistent with the intent of this section, the competitive exam, to determine an applicant's eligibility, shall be established by the following criteria:
(1)
Physical required. Applicants shall be examined by their physician to determine their ability to perform a physical fitness exam without substantial risk of injury. Results of such examination shall be forwarded to the city on a form supplied by the city.
(2)
Physical agility exam required. A physical fitness exam shall be required of all applicants prior to any psychological examination or appointment. This exam shall be consistent with the firefighter physical performance assessment test, sponsored by the state fire chiefs association, or its equivalent. Each candidate participating shall be scored on a pass/fail basis.
(3)
EMT license required. Each candidate shall have a state EMT-basic license upon appointment to the fire department.
(4)
Written examination. A formal written examination of not less than 80 questions shall be given. The written examination shall cover areas of general knowledge and shall not involve technical aspects of any particular academic subject. After correction of the examinations, all applicants shall be assigned numerical grades. The maximum score for the written examination shall be 40, provided that an additional four points shall be awarded for those who have established documented legal residency in the city for at least one year prior to application to the department, an additional two points shall be awarded for any veteran honorably discharged from the U.S. Armed Forces, and an additional four points shall be awarded for any person fluent in any second language as spoken by at least ten percent of city residents as determined by the United States Census Bureau for a final, total maximum score for the written examination of 50.
(5)
Oral examination. An oral examination is to be given to the top 25 scores on the written examination by a four member board consisting of the following, or his or her designee: the public safety director, the chief of the fire department, the director of human resources and a woman or active fire fighter who is demographically under-represented, as designated by the fire union of the city. The oral examination shall be recorded on video. The oral examination shall consist of questions designed to test past experience, personality, alertness, confidence, qualifications, diversity awareness, professional bearing, and judgment of the applicant. The members of the board are required to evaluate the applicant on a zero to ten point system for each of the ten interview questions. At no time may any two board members scoring be more than two points apart per question. The candidate's total score for the oral examination shall be computed by dividing the combined scores of the examiners by eight. The maximum score for the oral examination shall be 50.
(d)
Those candidates who attain the highest combined total score for the written, oral and physical exams shall be placed on the eligibility list numerically. Only candidates with a combined final score of 70 or higher shall be eligible for the eligibility list. Candidates, at the discretion of the chief of the fire department, shall undergo a physical examination by a doctor designated by the personnel board. The candidates must also take a battery of psychological tests and undergo a comprehensive background investigation at the direction of the chief of the fire department. If any of the candidates fail to qualify physically or psychologically or as a result of their background investigation, as determined by the director of public safety, they shall be ineligible for referral to the personnel board for hiring and removed from the eligibility list. After the required number of candidates has been determined to pass the physical and psychological examinations and background investigation, the chief of the fire department shall make a recommendation of hiring from the candidates who are ranked one, two or three to the personnel board who shall make the appointment to the fire department from the eligibility list. The eligibility list shall be valid for a maximum of two years from the date of the personnel board's decision, unless the director of public safety grants a six-month extension, and shall extinguish sooner upon no qualified candidates remaining on the list.
(e)
A training program up to one year, paid for by the city, shall be held for all new members of the fire department, leaving the choice of the training to the discretion of the chief of the fire department. The training program shall include all necessary classes for the proper certification and licensing for state EMT (cardiac). During the one-year period, each new member of the fire department shall be on probationary status and, at the end of said one year, shall be subject to termination if the proper certification and licensing for state EMT (cardiac) are not obtained. The director of public safety may grant a six-month extension to this one-year deadline upon a showing of good cause.
(f)
Notwithstanding any other provision of this chapter, the director of public safety shall have the authority to establish a procedure for the hiring of a lateral transfer applicant, defined as a firefighter in good standing, with at least three years experience and having all necessary certifications and licensing.
(g)
Notwithstanding any other provision of this chapter, if the eligibility list has been exhausted prior to the two-year termination date and there is more than one vacancy in the division, the director of public safety shall have the emergency authority to authorize the chief of the fire division and the director of human resources to advertise and accept applications to the fire division, subject to the terms and conditions of sections (c) and (e) of this chapter. Within three months of the exercise of this authority, the city shall commence a hiring campaign pursuant to sections (a) through (e) of this chapter to effectuate a new eligibility list.
(Code 1973, § 19-35; Code 1994, § 20-37; Ord. of 4-23-2014(1); Ord. of 9-28-2015, § 2; Ord. of 12-11-2017(1), § 2; Ord. of 5-16-2022(2), § 1; Ord. of 8-6-25(1), § 1)
Secs. 20-41—20-68. - Reserved.#
DIVISION 2. - LABOR RIGHTS#
Footnotes:
--- (3) --- State Law reference— Firefighters arbitration act, G.L. 1956, § 28-9.1-1 et seq.
Sec. 20-69. - Bargaining agent recognized.#
In accordance with the firefighters arbitration act (G.L. 1956, § 28-9.1-1 et seq.), the city hereby recognizes Local 1485 of the International Association of Firefighters AFL-CIO as the sole and exclusive bargaining agent for the city fire division.
(Code 1973, § 9-9; Code 1994, § 20-46)
State Law reference— Recognition of bargaining agent, G.L. 1956, § 28-9.1-5.
Sec. 20-70. - Bargaining committee.#
(a)
Created; membership; chairman. A collective bargaining committee to represent the city in its negotiations with the bargaining agent of the members of the fire division is hereby created and shall consist of the mayor or his representative, the finance director, the city solicitor, the president of the city council and the chief of the fire division. Any agreement reached between the collective bargaining committee and the bargaining agent shall be subject to the approval of the city council. The mayor is hereby designated as chairman of the collective bargaining committee, and in his absence, the president of the city council shall preside.
(b)
Meetings. Bargaining meetings shall be held within ten days after receipt from either party of the request for a meeting for collective bargaining purposes. In matters requiring appropriations of money, notice of request for collective bargaining shall be made at least 120 days before the last day on which money can be appropriated by the city to cover the contract period which is the subject of the collective bargaining procedure. Request for a meeting for collective bargaining shall be made by written notices addressed to the city council and to the mayor and to the secretary of the bargaining agent.
(c)
Authority. The collective bargaining committee of the city shall have the authority, subject to the approval of the city council, to enter into written agreements with the bargaining agent; provided, that no such written agreement or contract shall exceed the term of one year.
(Code 1973, §§ 9-10—9-12; Code 1994, § 20-47)
Sec. 20-71. - Time off granted to fire division representatives to participate in negotiations.#
Those representatives appointed by the bargaining agent for the purpose of negotiating a contract with the city who are members of the fire division shall be granted time off without loss of pay for the purpose of participating in such negotiations.
(Code 1973, § 9-13; Code 1994, § 20-48)
Sec. 20-72. - Failure to reach agreement on contract to be resolved by city council or arbitrators.#
If the bargaining agent and the collective bargaining committee are unable within 20 days of meeting to reach an agreement on a contract, the unresolved issues shall be submitted to the city council for consideration. If the bargaining agent and the city council are unable to reach an agreement within ten days, any and all unresolved issues shall be submitted to arbitration. The decision of the arbitrators shall be advisory to the bargaining agent and the city.
(Code 1973, § 9-14; Code 1994, § 20-49)
State Law reference— Arbitration of unresolved issues, G.L. 1956, § 28-9.1-7 et seq.
Sec. 20-73. - Removal of chief from the collective bargaining unit.#
Notwithstanding the removal of the chief of the fire division from the collective bargaining unit, he shall heretofore remain as a member of the established classified pay plan for the city and receive the same privileges, benefits and wages which inure to and were enjoyed by the holder of that classified position prior to its removal from the collective bargaining unit.
(Code 1994, § 20-50; Ord. of 11-6-2000)
Sec. 20-74. - Regulations for the employment of chief of fire division.#
(a)
A chief of the fire division for the city, appointed under the regulations of this Code, shall be retained either under a contract of employment not to exceed 60 months, or as an at-will employee whose employment may be terminated at any time without cause.
(b)
Every contract shall commence on the second Monday in January.
(Ord. of 4-14-2008(1), § 20-51)
Secs. 20-75—20-91. - Reserved.#
DIVISION 3. - RESERVED#
Footnotes:
--- (4) --- Editor's note— Ord. of 8-19-2019(2), § 2, repealed division 3, §§ 20-92—20-103, which pertained to firefighters' pension and derived from Code 1973; Code 1994; and Ord. of 8-10-2016(1).