The text
DIVISION 1. - IN GENERAL#
Secs. 2-181—2-200. - Reserved.#
DIVISION 2. - FIRE DEPARTMENT#
Footnotes:
--- (9) --- Editor's note— An Ord. of 6-12-00 added a new Ch. 3, §§ 3-1 and 3-2. In order to preserve the alphabetical sequence of chapters, the provisions of said ordinance have been included herein as Div. 2, §§ 2-201 and 2-202 at the discretion of the editor.
Sec. 2-201. - Legislative findings and intent.#
(a)
By collective bargaining agreement, the personnel of the fire department who become wholly or partially incapacitated by reason of a heart condition or respiratory ailment are presumed to have contracted said heart condition or respiratory ailment in the performance of their duties.
(b)
Fire department personnel who become incapacitated due to a heart condition or respiratory ailment shall, during the period of their incapacity, receive full salary or wages and medical expenses from the town.
(c)
The town has had persons in the fire department receiving money and benefits for a continuous and protracted period of time and said persons did not return to regular service in the fire department.
(d)
As a result of said circumstances the fire department is not being run to the peak of its efficiency because of the fact that ill or injured persons are carried on a regular roster, but perform no services.
(e)
The citizens of the town are entitled to the benefits of the best possible fire protection and services.
(f)
It is the desire of the town to increase the efficiency of the fire department and yet treat the affected personnel of such department fairly and in accordance with existing statutes and ordinances.
(Ord. of 6-12-00)
Sec. 2-202. - Retirement of disabled firefighters.#
(a)
Any personnel of the fire department who have been away from the job due to heart condition or respiratory ailment sustained or contracted in the performance of their duties continuously for a period of at least 12 months prior to the effective date of this article shall report to active duty within a period of 30 days from the passage of this article and failure to so report shall be deemed prima facie evidence of the fact that they are physically unfit for duty and, therefore, unable to return to their regular duties as a firefighters. Such person(s) who shall not return within the 30 days as aforesaid shall immediately place his/her name on an application for an accidental disability pension in the manner set forth in G.L. title 45, chapter 21.2, or as the same may be amended in the future.
(b)
Any of the personnel of the fire department who shall in the future remain away from their regular employment as a firefighter for a period of 12 months due to becoming wholly or partially incapacitated by reason of a heart condition or respiratory ailment contracted during the performance of their duties shall, at the expiration of the 12 months, return to duty within 30 days thereafter or shall be deemed physically unfit for duty and therefore unable to return to his or her respective duties as a firefighter. Such person or persons who shall not return within the 30 days as aforesaid shall immediately place his/her name on an application for an accidental disability pension in the manner set forth in G.L. title 45, chapter 21.2 or as the same may be amended in the future.
(c)
Any personnel of the fire department who shall have remained away from their regular employment as a firefighter for a period of less than 12 months prior to the effective date of this article shall not remain away from their employment for the reasons aforesaid for more than 12 months from the date of the contraction of the heart condition or respiratory ailment which caused the incapacity.
(d)
Any personnel of the fire department who have been away from their job for a period in excess of 12 months due to a heart condition or respiratory ailment sustained or contracted in the performance of their duties and have returned to their job within a 30-day period in accordance with the provisions of this article and who have within a six month period of their return to their normal duties suffered a recurrence of the heart condition or respiratory ailment which disabled them initially will be given one additional period of 30 days in which to return to their regular duties as a firefighter and failure to so report shall be deemed prima facie evidence of the fact that said personnel are physically unfit for duty and shall immediately require said firefighter to make application for an accidental disability pension in accordance with the provisions of this article.
(Ord. of 6-12-00)