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Here’s The Scoop…The VFD…The Manager’s Role…Ordinance 2004-16

ORDINANCE 2004-16…SEC 8-21…. Created; Composition/SEC 8-22….CHIEF/ SEC 8-23….SUSPENSION…

BCbythesea…the Town Manager does have the ability to control the LBTS- VFD…..if she so wishes…

please note:…SEC 8-21…subsection (4) ….any combination of subsections…(1)…(2)…and (3)…

ARTICLE II. FIRE DEPARTMENT*

(From the Town site…Muni-codes…. Fire prevention and protection chapter 8)..http://www.municode.com/resources/gateway.asp?pid=14431&sid=9
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*Editor’s note: Ord. No. 2004-16, § 2, adopted Oct. 26, 2004, substantially amended former Art. III, Divs. 1–3, to read as herein set out. Former Art. III pertained to similar subject matter and derived from Sp. Acts 1951, Ch. 27675; the Code of 1962; Ord. No. 334, §§ 1–8, 4-28-92.
Cross references: Departments, § 2-31 et seq.; officers and employees, § 2-61 et seq.; Volunteer Firefighters’ Pension Plan, § 2-136 et seq.
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Sec. 8-21. Created; composition.
A Fire Department for the Town as hereby created and established. The Town Manager shall operate the department by:
(1) Providing personnel employed by or assigned by the Town Manager;
(2) Contracting with other governmental or private entities;
(3) Contracting with a not-for-profit organization which will provide volunteer personnel for fire suppression activities; or
(4) Any combination of subsections (1), (2), and (3).
(Ord. No. 2004-16, § 2, 10-26-04)


Sec. 8-22. Chief.
The Town Manager shall hire or contract for the services of a Fire Chief, whose duties shall be set forth in either a professional services agreement between the Fire Chief and the Town Manager, or through a contract with a governmental entity, a private entity or a not-for-profit organization.
(Ord. No. 2004-16, § 2, 10-26-04)


Sec. 8-23. Suspension.
All members of the Fire Department, including the Fire Chief, are subject to suspension or discharge because of incompetency, general inefficiency, neglect of duty, immorality, drunkenness, failure to obey orders given by proper authority, or for any other just or reasonable cause, in the manner provided for by Town personnel rules or the provision of contract, whichever is applicable.
(Ord. No. 2004-16, § 2, 10-26-04)


Sec. 8-24. Equipment inventory; inspection of water system.
(a) The Town Manager, in his/her discretion, may request funding for fire protection equipment sufficient to protect the public health and welfare in the Town Manager’s annual budget request.
(b) The Town Manager shall administer or contract for an inspection program to ensure that the Town’s water system is functionally sound and sufficient to support fire suppression services in the Town.
(Ord. No. 2004-16, § 2, 10-26-04)


Sec. 8-25. Town employees as active members.
All Town employees, who are active members of a not-for-profit organization that provides volunteer personnel for fire suppression services within the Town, during Town working hours, are relieved of their responsibilities as a Town employee during such time as they are responding to an incident.
(Ord. No. 2004-16, § 2, 10-26-04)
Secs. 8-26–8-45. Reserved.
more to come….

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