HomeMy WebLinkAbout08 173 Establish and Regulate a Fire Department in the Municipality of Kincardine
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
BY-LAW NO. 2008 -173
BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT
IN THE MUNICIPALITY OF KINCARDINE
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WHEREAS Section 2 of the Fire Protection and Prevention Act, 1997 S.O. 1997,
cA as amended, requires municipalities to establish a fire department;
AND WHEREAS Sections 8 (1) and 9 of the Municipal Act, ,2001, S.O. 2001, c.
25, as amended, provide that the powers of a municipality under this or any other
Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and a municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under this or any other
Act;
AND WHEREAS pursuant to the said Municipal Act, Section 11 (2) provides that
a lower-tier municipality may pass by-laws, respecting the governance structure
of the municipality and its local boards;
NOW THEREFORE the Council of the Corporation of the Municipality of
Kincardine ENACTS as follows:
e 1.0 In this by-law, unless the context otherwise requires:
"Fire Chief'
(Administrative)
the person appointed by Council
to act as the Fire Chief for the corporation;
"Anniversary
Date"
Anniversary date shall mean the date upon which the
Volunteer Fire Fighter is appointed to be a member of
the Department;
"Bona fide
Retirement"
A volunteer firefighter is deemed to have a bona fide
retirement if they have continuous service greater
than 10 years.
"CAO"
means the Chief Administrating Officer for the
Municipality of Kincardine;
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"Committee"
means the Corporate Services Committee for the
Municipality of Kincardine;
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"Council"
means the Council for the Corporation of the
Municipality of Kincardine;
"Department"
means the Municipality of Kincardine Fire
Department;
"Deputy Chief'
means a person appointed by Council to act on behalf
of the Fire Chief either at the Kincardine or Tiverton
Station in his/her absence;
"ESC"
means the Emergency Services Committee of the
Municipality of Kincardine;
"Fire Protection
includes fire suppression, fire prevention, and fire
safety
"Services"
education, communication, training of persons
involved in the provision of fire protection services,
rescue and emergency services;
"First Responder" means any firefighter who is assigned a long
weekend on call assignment shall be in a position to
respond to an emergency call either on an apparatus
or directly to the scene with suitable personal
protection equipment to begin safely and effectively
controlling the incident and performing assigned
tasks;
"Municipality"
means The Corporation of the Municipality of
Kincardine;
"Officer in Charge" means the most Senior Officer on scene;
"Senior Officer"
means the followings ranks: Captain, Station Chief
and Fire Chief;
"Volunteer Fire
Firefighter"
means a firefighter who provides fire protection
services either voluntarily or for a nominal
consideration, honorarium, training or activity
allowance; shall mean the same as member.
"Probationary
Firefighter"
shall mean a new firefighter hired to the department,
subject to the terms contained in Section #6.0 & 7.0.
2.0 The fire department for the Corporation of the Municipality of Kincardine to
be known as the Municipality of Kincardine Fire Department is hereby
established and the Head of the Department shall be known as the Fire
Chief.
3.0 In addition to the Fire Chief, the Council shall appoint two Deputy Chiefs;
one for the Tiverton Station, one for the Kincardine Station.
3.1 The Fire Department shall be structured in conformance with the
approved organizational chart, (Appendix A), forming part of this
by-law.
3.2 The Fire Chief has the obligation to manage the Human Resources
contained in the Kincardine Fire Department.
4.0 The Fire Chief appoints qualified persons as members of the Fire
Department subject to the approved hiring process of the Municipality of
Kincardine Fire Department.
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4.1 See hiring process (Appendix B).
4.2 Volunteer Fire Fighters may apply for positions within the other
Municipal departments as per Section #8.0 of the Tripartite
Agreement.
5.0 A person is qualified to be appointed a member of the Department for fire
fighting duties who:
5.1 is not less than 18 years of age;
5.2 has successfully completed at least Grade 12 or has obtained
equivalent industry experience;
5.3 lives and work within the Municipality of Kincardine Fire Protection
Area;
5.4 passes such aptitude tests as may be required by the Fire Chief of
the Department;
5.5 is medically fit to be a member as certified by a qualified physician.
5.6 follows the "Municipal and Department Code of Ethics" policies
6.0 A person appointed as a member of the Department for fire fighting duties
shall be on a probation for a period of twelve months during which period
he/she shall take such training and examinations as may be required by
the Fire Chief.
7.0 Prior to the completion of the probationary period, the Fire Chief shall
review their performance as a Volunteer Firefighter. If a probationary
member appointed to provide fire protection services fails any such
examinations, the Fire Chief may recommend to the CAG that their
probation be extended or he/she be dismissed as per the Termination
Section in this By-Law.
8.0 The remuneration (Appendix C) of all members of the Department shall be
determined by Council through the negotiation process as per Section II.
9.0 The Fire Chief is responsible for, the proper administration and operation
of the Fire Department, including the delivery of fire protection services
and:
9.1 shall review periodically the policies and procedures, orders, rules
and guidelines of the Fire Department;
9.2 shall take all proper measures for the prevention, control and
extinguishment of fires and for the protection of life and property
and shall enforce all municipal by-laws respecting fire prevention
and exercise the powers and duties imposed on him/her by the Fire
Protection and Prevention Act 1997;
9.3 is responsible for the enforcement of this by-law and the general
orders and departmental rules;
9.4 shall report all fires to the Fire Marshal as required by the Fire
Protection and Prevention Act 1997;
9.5 shall submit to the Treasurer for review, as required by the
municipality, the annual estimates of the Department, which
subsequently will be forwarded to the Council for approval.
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9.6 may liaise with the Office of the Fire Marshal of Ontario and any
other office or organization considered necessary or advisable.
10.0 The Deputy Chiefs shall report to the Fire Chief on the activities of the
divisions that are his/her responsibilities and carry out orders of the Fire
Chief, and, in the absence of the Fire Chief, has all the powers and shall
perform all the duties of the Fire Chief within his/her station. In the
absence of the Fire Chief and one of the Deputy Chiefs simultaneously,
the remaining Deputy Chief shall have all the powers and shall perform all
the duties of the Fire Chief within the Municipality.
11.0 Each division of the fire department is under the responsibility of the Fire
Chief or a member designated by him. Designated members shall report
to the Fire Chief on activities under their supervision and shall carry out all
orders of the Fire Chief.
12.0 The Firefighting and Training Divisions are under the direction of the
Deputy Chiefs who are responsible to the Fire Chief for the proper
operation of each Division.
e 13.0 The Fire Chiefs primary responsibilities are:
13.1 provide administration services for the Department;
13.2 prepare the Department Budget and exercise control of the Budget;
13.3 prepare the payroll of the Department and initiate requisitions for
materials and services and certify all accounts of the department;
13.4 maintain personnel records;
13.5 arrange for the provision of medical services;
13.6 arrange for the provision of capital facilities;
13.7 prepare the Annual Report of the Department;
13.8 carry out the general duties of the Department;
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13.9 provide liaison with the County Fire Coordinator;
13.10 assist the County Fire Coordinator in the preparation of a County
Emergency Fire Service Plan and Program and Operating
Guidelines;
13.11 participate in the Emergency Services Committee in a Coordinator
role.
13.12 provide personnel to conductfire prevention inspection of premises
on request, complaint, on a routine basis or when a known violation
exist;
13.13 enforce Fire Prevention by-laws;
13.14 examine building plans of new construction;
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13.15 provide personnel for fire prevention lectures & public education
related to fire safety.
13.16 establish and maintain photography facilities;
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13.17 maintain fire loss records;
13.18 receive process and follow up reports of fire prevention inspections
conducted under the Division of Fire Fighting;
13.19 The Ontario Fire Service Standard for Fire Prevention Officers and
the Ministry of Municipal Affairs Standards shall be used as a
reference guide for fire prevention training.
13.20 A residential home fire safety awareness program shall be ongoing.
13.21 Smoke alarms for residential occupancies shall be provided to
those in need.
13.22 Provide a fire extinguisher training program to public and
businesses within the municipality upon request.
13.23 Other duties as assigned
All responsibilities are further described in the Municipality of Kincardine
task listing for the Fire Chief position.
14.0
The Fire Chief is in charge of the Division of Apparatus, Equipment and
Communications and is responsible for the carrying out of the following
duties of the Division:
14.1 prepare specifications for the purchase of apparatus and
equipment; with assistance from the Deputy Chiefs.;
14.2 maintain and keep in repair all existing buildings, fire fighting,
rescues and salvage apparatus of the Department;
14.3 modify apparatus and equipment;
14.4 provide recharging facilities for fire fighting extinguishers and
breathing air cylinders and test and repair hose;
14.5 shall act as a liaison with the Municipality of Kincardine Public
Works Manager in order to ensure an adequate flow of water in
new waterworks projects and the adequate maintenance of existing
water-works facilities for the use of the Department;
14.6 issue clothing, equipment and other items as required;
14.7 receive alarms and dispatch apparatus;
14.8 maintain the communication systems of the Department;
14.9 other duties as assigned
15.0 The Deputy Chiefs are responsible to the Fire Chief for the management
and operation of the Division of Fire Fighting and for the carrying out of the
following duties of the Division:
15.1 prevent, control and extinguish fires including the pulling down or
demolishing any building or structure when considered necessary
to prevent the spread of fire; Fire suppression services shall be
delivered in both an offensive and defensive mode and shall
include search and rescue operations, forcible entry, ventilation,
protecting exposures, salvage and overhaul as appropriate
(vehicle, building, construction, industrial).
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15.2 requesting other persons present at a fire to assist in;
e 15.2.1 Extinguishing fires;
15.2.2 Pulling down or demolishing buildings or structures to
prevent the spread of fire;
15.2.3 Crowd and traffic control; or
15.2.4 Suppression of fires or other hazardous conditions in other
reasonable ways.
15.3 Render Defibrillator, First Aid, CPR, Oxygen Therapy; emergency
pre-hospital care responses and medical acts such as defibrillation,
standard first aid, CPR, and the Emergency Medical Responder
Program shall be maintained to Base Hospital protocols as agreed
and shall conform to approved tiered response agreements.
15.4 High angle rescue and slope rescue;
e 15.5 Special technical and/or rescue services shall include performing
confined space rescue, extrication using hand tools, air bags and
heavy hydraulic tools as required and water/ice rescue services up
to and including the land-based entry level.
15.6 provide Hazardous Material Response at the Awareness level, but
in addition, provide the following specific services including the
application and use of absorbent pads, booms and other
containment devices during situations whereby the use of these
items does not endanger firefighters beyond the normal risk
associated with a Hazardous Material First Responder level
response;
15.7 conduct, through the Division of Fire Fighting or the Division of Fire
Prevention, investigations of fires in order to determine cause,
origin, and where appropriate, to notify the authority having
jurisdiction to conduct an investigation;
e 15.8 respond and assist at such emergencies as may be required by the
Fire Chief;
15.9 participate in training in and outside of the Station;
15.10 conduct company fire prevention and familiarization inspections of
premises;
15.11 perform minor apparatus maintenance and cleaning duties at the
Station including the cleaning of emergency response vehicles and
facilities following use;
15.12 prepare the Annual Report and Budget of the Division of Fire
Fighting to be submitted to the Fire Chief;
15.13 other duties as assigned.
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16.0 A Captain is in command of the crew to which he/she is assigned and is
responsible to the Deputy Chiefs for the proper operation of that crew.
17.0 Where the Fire Chief or Deputy Chief designates a member to act in the
place of an Officer in the Department, such member, when so acting, has
all the powers and shall perform all the duties of the officer replaced.
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18.0 The Training Officers are responsible for the carrying out of the following
duties of the Division of Training:
18.1 conduct training for all personnel of the Department in Fire
Administration, Fire Prevention and Fire fighting;
18.2 administer training programs in and outside of the Station using the
Ontario Firefighters Curriculum, International Fire Service Training
Association "Essentials of Fire Fighting", Ontario Fire Service
Standards and other related industry training standards and
reference materials as reference guides for training as approved by
the Fire Chief. All training will comply with the Occupational Health
and Safety Act and applicable provincial legislation.
18.3 prepare and conduct examinations of members as required by the
Fire Chief;
18.4 prepare the Annual Report and Budget of the Division of Training to
be submitted to the Fire Chief;
18.5 other duties as assigned.
19.0
The Safety Officer is responsible to the Deputy Chiefs to see that all
operations of the department are carried out in a safe manner by providing
advice and guidance when necessary;
19.1 That all current and relevant safety related items are brought
forward to the Deputy Chief and/or Fire Chief.
19.2 That Incident Command at a fire scene is immediately made aware
of situations that may lead to or cause injury or death to firefighters
or civilians.
19.3 Other duties as assigned.
20.0 The provisions of Section 20.1 with respect to the promotion of members
does not apply to the Fire Chief or Deputy Chiefs who will be hired
through the municipal Human Resource process:
20.1 Every recommendation for promotion of a member made to the Fire
Chief shall be based on the evaluation of:
20.1.1 time served with the Department.
20.1.2 the results of examinations taken by the member;
20.1.3 the physical fitness of the member, and;
20.1.4.the firefighting and station training attendance record
of the member.
20.2 When, in the opinion of the Fire Chief, all other factors for the
promotion of two or more members is equal, seniority of service in
the Department governs.
20.3 The fire fighting and station training attendance record of each
member of the Department shall be evaluated by the Captain of
each Crew.
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20.4 The Fire Chief and the Deputy Chiefs shall evaluate all members of
the Department who are participating in an examination for
promotion.
20.5 Every applicant for promotion shall take such written, oral and
practical examinations as may be required by the Fire Chief.
21.0 Every new member of the Department appointed for fire fighting duties
shall complete a medical examination and annually thereafter on forms
provided by the Department and filed with the Fire Chief.
If the cost of this medical is not eligible to be submitted to the Ontario
Health Insurance Plan for payment, then the Department will reimburse
said member for this expenditure.
22.0 Due to the often physical, mental and emotionally stressful environment
firefighters may be subject to, every member of the Fire Department shall
retire upon attaining the age of 65.
23.0 Every member of the Department shall report for duty at the time
prescribed by the departmental rules and shall remain on duty until
relieved.
24.0 In the case of a member failing to report for duty, the Officer-in-Charge
shall report this in writing through his/her Superior Officer, to the Fire
Chief.
25.0 No member shall:
25.1 while in uniform enter any premises where alcoholic beverages are
sold or consumed, except in the performance of his/her
departmental duties;
25.2 report for duty, including responding to an emergency call if his/her
ability is impaired by the use of an intoxicating beverage or drug;
25.3 while on duty, consume any intoxicating beverage or drug.
25.4 smoke within or near a municipal building, vehicle or workplace as
prescribed by existing legislation.
26.0
The Fire Chief may reprimand, suspend or recommend dismissal of any
member for insubordination, misconduct, tardiness or for non-compliance
with any of the provisions of this by-law, general orders. departmental
rules, guidelines or policies that in the opinion of the Fire Chief would be
detrimental to the discipline and efficiency of the Department.
27.0 CODE OF ETHICS
27.1 The Municipality has undertaken this initiative in order to both
promote professionalism and to ensure that the relationship of trust
that exists between staff and the public remains an integral part of
local government in Ontario. Since its inception, local government
has been understood to be an open, accessible and accountable
form of government.
27.2 The purpose of a code of ethics for municipal volunteer fire fighters
is to foster universal understanding of the fundamental rights,
privileges and obligations of a municipal public servant.
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A code of ethics serves as an embodiment of the basic principles
of integrity, honesty, impartiality and common-sense and
recognizes that at the very least, a municipal public servant has a
responsibility to uphold these principles.
27.3
The proper operation of a municipal government requires that
volunteer fire fighters be independent, impartial, and responsible to
the citizens; that their positions not be used for personal advantage;
and that the public have confidence in the integrity of the Municipal
volunteer fire fighters.
27.4
The Code of Ethics is intended as a guide for municipal volunteer
fire fighters in their conduct in certain specified areas. It is not
intended to be exhaustive or to provide specific guidelines in every
circumstance.
27.5 Policy:
Private Interests Defined
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1.
Private interests are all those aspects of a volunteer fire
fighter's activity outside those connected with official
municipal duties.
These include:
a) Financial interest;
b) Paid and unpaid activities beyond official duty;
c) Relationships with third parties who may be:
i) employed by the Municipality
ii) doing business with the Municipality
iii) seeking employment or benefits from the
Municipality
2. It is important to emphasize that conflict of interest relates to
the potential for wrongdoing as well as to actual or intended
wrongdoing.
27.6 Outside Emplovment
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1.
No volunteer firefighter may engage in outside work or a
business undertaking as a volunteer firefighter or
shareholder that:
a) Interferes with the performance of duties under the
employment of the Municipality;
b) May provide an advantage derived from Municipal
employment;
c) Is likely to influence or affect the carrying out of
municipal duties;
27.7 Gifts. Favours and Services
27.7.1 A Municipal volunteer fire fighter shall not accept a gift,
favour or service from any individual or organization in the
course of the performance of civic duties other than:
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a) the normal exchange of hospitality among persons doing
business, in an amount not to exceed $100.00; (individual
level)
b) tokens exchanged as a part of protocol;
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c) normal presentations made to persons participating in
public functions.
d) gifts to the Municipality of Kincardine shall be used for the
benefit of the municipality and shall not exceed $500.00.
27.7.2 Monetary or other payment may not be accepted for the
performance of any service connected to municipal
government.
27.7.3 Volunteer fire fighters shall not use the name "Corporation of
the Municipality of Kincardine" to obtain discounts for
privately purchased goods and services.
27.7.4 Volunteer fire fighters shall not receive or demand
preferential treatment in the use of municipal facilities or
services unless it is a requirement of formal duties or as
provided for under the authority of Council.
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27.7.5 Exceptions to this section must be approved in writing by
both the Mayor and CAO.
27.8 Misuses of Property and Information
27.8.1 Municipal property, including vehicles, equipment and
material, shall be used only in the performance of municipal
duties and shall not be used or converted for personal
benefit or use.
27.8.2 Unauthorized use of Municipal property for other than civic
purposes is not permitted and may result in disciplinary
action.
27.8.3 Every volunteer fire fighter is held responsible for exercising
all reasonable care to prevent abuse to, excessive wear of,
or loss of, Municipal equipment or material entrusted to the
volunteer fire fighter's care.
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27.8.4 Municipal volunteer fire fighters are entrusted with
information and data used for the administration of the
municipal government and not generally available to the
public. Moreover, certain volunteer fire fighters have access
to information of a sensitive or confidential nature, which is
not to be made known to others in the Corporate structure.
Both types of information must be distributed on a need-to-
know basis only.
27.8.5 Systems, procedures, reports, photographs and information
developed by the Municipality shall not be given or loaned
to, or shared with, any other persons, company or
organization without the permission of the Fire Chief. The
approval of the Chief Administrative Officer must be secured
before information regarding computerized systems is
divulged.
27.9
Public Statements
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27.9.1 The CAO. is responsible for making policy statements
concerning municipal business to the news media. The Fire
Chief may deal with all departmental operational issues.
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27.10 Criminal Code Offences
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27.10.1Any volunteer fire fighter convicted of an offence under the
Criminal Code of Canada may be suspended from
employment dependent on the nature of the offence and its
relationship to the duties of the volunteer firefighter.
27.11 Penalties and Appeals
1. Any infraction or transgression of the Code of Ethics may result in the
Municipality taking the following action:
a) Instruct the volunteer fire fighter to divest himself/herself of the
outside interest or transfer it to a blind trust;
b)
Remove the volunteer fire fighter temporarily from the duties which
brought about the conflict of interest;
Accept the resignation of the volunteer fire fighter;
Initiate disciplinary action in the form of:
i) an oral or written reprimand;
ii) suspension without pay for a period of time;
iii) a recommendation that the volunteer fire fighter be dismissed.
c)
d)
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2. The volunteer fire fighter may appeal as prescribed in this Agreement.
27.12 Compliance
a) This Code of Ethics must be observed by all volunteer fire fighters
of the Corporation.
b) The Fire Chief and Deputy Chiefs are responsible for ensuring that
volunteer fire fighters are aware of this Code of Ethics, that it is
regularly re-circulated and reviewed by volunteer fire fighters, and
that volunteer fire fighters comply with its provisions.
c) If the Fire Chief is of the opinion that a volunteer fire fighter is
breaching this Code of Ethics, they shall immediately notify the
CAD. of this situation in writing.
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d)
Compliance with this Code of Ethics constitutes a condition of
employment, and breaches of the Code of Ethics may result in
disciplinary action up to and including dismissal. When a volunteer
fire fighter has breached this Code of Ethics, the Fire Chief and the
Human Resources Department shall determine jointly if disciplinary
action is warranted and, if so, what disciplinary action is
appropriate.
e) Where a volunteer fire fighter has reason to believe that a Fire
Chief has committed a breach of this Code of Ethics, he/she may
approach the Chief Administrative Officer directly and in strict
confidence.
All new volunteer fire fighters shall read and subscribe in writing to
this Code of Ethics upon commencing their employment with the
Corporation. This code of ethics shall not conflict with the
Departmental Code of Ethics.
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28.0 FIRE TRAINING AND RESPONSE CALL ATTENDANCE
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STATEMENT: To establish expectations of fire fighter attendance at regular
bi-weekly training and response calls.
28.1 Fire fighters are expected to maintain their firefighting skills,
qualifications and competencies while on active duty. Regular bi-
weekly training helps ensure this minimum standard is met. Good
skills retention minimizes the risk of injury to other firefighters, the
general public and the firefighter.
28.2 The Ontario Fire Service Standard for Firefighters shall be
standard for measuring firefighter skills.
28.3 Firefighters are essential to the public safety of our community
and as such are expected to respond to emergency calls
whenever available to do so and within the fire response area.
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28.4 Due to the nature and composition of volunteer fire
departments, unavoidable circumstances combined with normal
lifestyles may create situations where firefighters cannot attend
response calls and training from time to time. This has been
and will be considered the status quo.
28.5 Valid reasons for not attending regular bi-weekly training or
response calls shall include but not be limited to personal/family
matters, work commitments, vacation and illness. Other reason
may be accepted at the discretion of the Deputy Chief(s) and/or
Fire Chief
28.6 All firefighters, as soon as becoming aware shall notify their
Deputy Chief or the Fire Chief of their inability to attend regular
bi-weekly training.
28.7 Individual firefighter attendance shall be reviewed semi-annually
by the respective Deputy Chief and the Fire Chief for trends or
anomalies with regard to lack of attendance at regular bi-weekly
training or response calls.
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28.8 Expected attendance levels for volunteer firefighters shall meet
the following criteria as recommended by the most current
version of the Ontario Fire Marshal recruitment and retention
program:
. New hired firefiqhters (on probation) with one year or less of
firefiqhtinq experience (probation may be extended due to
individual circumstances at discretion of Fire Chief and Deputy
Chief):
80% annual attendance at regular bi-weekly training
40% annual attendance at response calls
. Experienced firefighters (not on probation) with one or more
years of firefiqhtinq experience:
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60% annual attendance at regular bi-weekly training
40% annual attendance at response calls (Please note:
Section 28.50 for valid reasons)
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28.9 If any firefighter misses more than two consecutive regular bi-
weekly trainings, without valid reason and previous approval
from the Deputy Chief and/or Fire Chief, this may be considered
just cause for disciplinary action against the firefighter. This
may lead to dismissal.
28.10 Should attendance trends of individual firefighters indicate lower
than acceptable levels, the firefighter shall meet with their
respective Deputy Chief and the Fire Chief to review and
discuss causes and to find possible resolution.
28.11 Should attendance levels continue to decline or remain below
expected standards for a period longer than twelve months, this
may be considered just cause for disciplinary action against the
firefighter. This may lead to dismissal.
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28.12 It shall be the option of the Deputy Chief and/or Fire Chief to place
any firefighter on probation for a period of not less than 90 days
should regular bi-weekly training attendance fall below the expected
levels (see Section 28.5 & 28.9 above) or more than three (3)
consecutive regular bi-weekly training are missed without previous
approval and valid reason. The minimum probation period for new
hired firefighters shall be twelve months.
28.13 Any firefighter placed on probation shall be expected to attend
training and response calls at the level prescribed in 28.8 above for
the period of their probation to avoid further disciplinary action.
28.14 Every effort shall be made by the firefighter to make up missed
training where possible. This may include extra one-on-one training
with the Training Officer(s) or attending training sessions at another
Fire Station.
29.0 LONG WEEKEND STANDBY
STATEMENT: To ensure adequate Fire Department staffing levels during
long holiday weekends.
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29.1 Long weekend standby shall be assigned to firefighters at the
beginning of each calendar year.
29.2 A Senior Officer shall be assigned to every long weekend.
29.3 If you are unable to work your assigned weekend standby, it is
your responsibility as a fire department member to find an equal
replacement. If you are an Officer, you have to replace yourself
with an Officer. If you are a firefighter or driver, you have to
replace yourself with a firefighter or driver. Your crew Captain
or Station Chief mav be able to assist you with finding a
replacement.
29.4 Substitutions shall only be recognized for a full weekend, a full
day, or a half day. Substitution for hours will not be paid!
29.5 When you are on call, you shall be a "first responder' to every
call.
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29.6 Any member reporting for duty intoxicated will be relieved of his
or her duties by the Senior Officer in attendance, and the
incident will be reported to the Fire Chief. This action may lead
to suspension from Fire Department duty.
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29.7 If you miss any call when on long weekend standby, you miss
your standby pay for one day. If you are unable to serve your
long weekend standby, it is up to you to get an equal
replacement. (See Section 28.5)
29.8 The following long weekends shall require long weekend
standby: Victoria Day, Canada Day, Civic Holiday, Labour Day.
Where Canada Day falls on a Tuesday, Wednesday or
Thursday, there shall be no crew or platoon assigned a long
weekend standby. An option of assigning a standby crew or
platoon for Canada Day only shall be left to the discretion of the
Fire Chief.
29.9 Long weekend standby starts at 18:00hrs Friday of the long
weekend and ends 18:00hrs Monday of the long weekend. This
shall be the standard unless otherwise approved by the Fire
Chief.
30.0 DISCIPLINARY PROCEDURES
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30.1 Disciplinary action should be corrective, not punitive.
30.2 When a serious situation arises where the Fire Chief feels that
disciplinary action may be required, he/she will gather all the facts
and discuss them with the a representative from the Human
Resources Department and with the member prior to instituting any
disciplinary measures.
30.3 The Fire Chief shall follow the progressive disciplinary steps as
outlined below:
a) The Fire Chief shall discuss the problem with the member and may
give a verbal warning to the member if warranted. This discussion
will be documented by the Chief and placed in the members
personnel file.
b)
Where the infraction continues or is repeated, a clear written
warning from the Fire Chief to the member, outlining the nature of
the infraction, expected corrective action within a specified period of
time, and consequences if the member fails to comply. A copy of
this letter shall be filed in the member's personnel file.
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c) If necessary, a second written warning will be issued to the
member, indicating that this is a final warning before more serious
consequences will follow. A definite time period should be outlined
for the member to correct his/her conduct. A copy of this letter shall
also be placed in the member's personnel file and a copy provided
to the CAG.
d) If the member does not meet the requirements set out in the letter,
the Fire Chief shall meet with the CAG to determine appropriate
disciplinary action (and obtain legal advice, if deemed necessary),
which may include one or more of the following measures:
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(i) referral to counselling;
(ii) withholding of a promotion;
(iii) demotion;
(iv) suspension with or without pay for a specified period of time;
(v) dismissal from the department.
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30.4 Following the suspension of any member, the Fire Chief shall report
the suspension and his/her recommendations to the CAG.
30.5 A member shall not be dismissed without being afforded the
opportunity of a hearing before a review committee, if he/she
makes a written request for such hearing within seven (7) days
after receiving notice of his/her proposed dismissal.
30.6 The review committee shall be comprised of the Fire Chief, Deputy
Chiefs (2) and CAG (a minimum group of three is required). The
member may be afforded representation of his/her choice.
30.7 Following any hearing, the review committee's decision shall be
final.
30.8 In the event of an action by a member which warrants immediate
suspension or dismissal, the review committee may consider the
matter immediately and take whatever action it considers
appropriate.
31.0 COMPLAINT PROCEDURE
32.0
31.1 With the exception of such matters as are governed by the
regulations made under provincial legislation, any member
complaint shall be dealt with as follows:
a) Members shall discuss with the Fire Chief any complaints, which
he/she may have.
b) If a member has a complaint that he/she feels has not been
resolved to his satisfaction by discussion with the Fire Chief, he/she
may, without fear of recrimination, discuss the complaint with the
CAO. The CAG shall document the discussion and must reply to
the complaint within five (5) working days. A copy of the reply shall
also be provided to the Fire Chief.
c)
Failing a satisfactory settlement of the complaint, the member,
without fear of recrimination, may within three (3) working days
submit the complaint in writing in full detail to the Human
Resources Committee.
d) The complaint will be placed on the confidential agenda of the next
Human Resources Committee meeting and the Fire Chief will be
invited to attend. The Fire Chief and member shall state his/her
case separately, and then be required to withdraw.
e) The Human Resources Committee shall then consider the case
and on reaching a decision, so notify the member in writing, with a
copy to the Fire Chief. The Human Resources Committee may
defer a decision at its option to obtain additional information, but
must render its decision within fourteen (14) working days.
f) The Human Resources Committee's decision shall be final.
RESPONSE CALLS OUTSIDE OF MUNICIPAL LIMITS
The Department shall not respond to a call with respect to an emergency
outside the limits of the municipality except:
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32.1 that in the opinion of the Fire Chief threatens property in the
municipality or property situated outside the municipality that is
owned or occupied by the municipality;
32.2 in a municipality with which an agreement has been entered into to
provide fire protection, or;
32.3 on property with respect to which an agreement has been entered
into with any person or corporation to provide fire protection
therefore;
32.4 where, due to unforeseen circumstances, a fire or other emergency
is found to be beyond the boundaries of the municipality and
immediate action is necessary to protect life and/or property, the
Municipality of Kincardine Fire Department will provide fire and
emergency services on the site until the designated fire department
arrives and command and control of the situation is transferred.
32.5 a call regarding the Bruce County Mutual Aid system.
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Section II
Benefits
33.0 NEGOTIATION PROCESS
33.1 The negotiation process is a defined process to evaluate Section II
of this By-law over a defined period of time.
33.2 The CAO. and two members of the Corporate Services Committee
will negotiate on behalf of the Municipality and report to closed
session of Council/Committee of the Whole to obtain authorization
and/or general comments from Council.
33.3 The volunteer firefighters shall choose from amongst themselves a
"negotiating committee", which shall consist of no more than two
current active members from each station, who shall be the liaison
between the volunteer firefighters and the Negotiating Committee of
the Municipality. The Deputy Chiefs shall be excluded from this
process and shall meet as a separate group to negotiate their
salary and benefits. A volunteer firefighter who sits on the
Negotiation Committee shall not be subject to discrimination or
punitive action by Council because of his/her involvement with the
Negotiation Committee. The Fire Chief will serve as staff resource.
33.4 On or before Sept. 15th of the year prior to the year for which
negotiations are being undertaken, the volunteer firefighters groups
shall present to the Fire Chief, confidentially, in writing, their
requests for salary and benefits for the following year. Upon
receiving the requests from the Fire Chief, the Chief Administrative
Officer shall then meet with the Corporate Services Committee
representations (2), in camera, and schedule meetings with the
volunteer firefighters group and the Deputy Chiefs to discuss the
requests. This negotiating process may require several meetings.
33.5 It is the general intention of the Municipality to conclude the
negotiating process prior to January 1st; however, in an election
year this may be impossible, and the out-going Council may wish to
leave the salary negotiations for the new Council to carry out. In
this case, the volunteer fire fighter groups shall be required to
adjust to Council's schedule.
33.6 Nothing in this section shall preclude the Council and volunteer fire
fighters from agreeing to a multi-year salary and benefit package.
34.0 STAFF TRAINING
34.1 Volunteer Fire Firefighters shall be provided with the training
necessary to carry out their tasks in a safe and efficient manner.
The Fire Chief, within the approved budget, schedules Volunteer
Fire Firefighters for specific training. The Municipality shall cover
100% (one hundred percent) of the tuition costs for any courses
required by the Municipality.
34.2 Volunteer Fire Firefighters wishing to receive an advance to cover
eligible expenses may make a written itemized request and the Fire
Chief may authorize an advance up to 85% of eligible expenses.
The Volunteer Fire Firefighters on return must file an expense
report showing eligible expenses incurred less the advance. Claims
for advances or expense claims shall be paid within ten days of
Accounts Payable receiving a proper completed and authorized
form (by manual cheque if necessary).
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34.3 The Volunteer Fire Firefighters shall provide the Department with a
copy of any municipally funded certificate/training course, once
received, for the Human Resource's file and the Department file.
34.4 Licence renewal fees (as part of job requirement) will be paid by the
Municipality at the discretion of the Fire Chief.
35.0 TRAINING PLANNING, PREPARATION & PRESENTATION
35.1 Any competent firefighter, due to experience, education or training,
and at the recommendation of the Training Officer(s) shall be paid
the flat rate sum of $30.00 per session over and above the payment
for attendance at regular biweekly training for the planning,
preparation and presentation of the specified firefighting topic. The
presentation and content shall follow recognized industry standards
where possible including use of the Ontario Fire Marshal
standardized curriculum. This payment shall be approved by the
Fire Chief upon completion of the training event.
36.0 BOOT ALLOWANCE (Specifically for health & safety purposes)
36.1 All volunteer firefighters shall be eligible for boot allowance, if job
requires.
a) Boot Allowance (Effective January 1, 2009)
The volunteer fire fighter may utilize up to $320.00 within a two year
period and may purchase up to two pairs from this amount.
Note: the intent of this policy is to provide volunteer fire fighters with
green patch safety boots.
36.2 Once per year payment will be issued for boot allowance on or
before September 30th (Please Note: receipts for boots must
be received on or before September 15th of each year)
36.3 Payment by exception will be made by the Human Resources
Department.
36.4 New volunteer firefighters may submit their boot receipts within 2
weeks after their start date and payment will be made within 2
weeks.
37.0 SAFETY GLASSES
Option #1 Supplied exterior safety glasses provided by the Municipality
of Kincardine.
Option #2 Prescription safety glasses up to *$225.00 every 36 months
or sooner with written certification from an
optometrist/ophthalmologist that the prescription has
changed significantly in that it may affect safety.
*Receipts must be forwarded to the Human Resources Department, which
will be paid with regular accounts from the Fire Department budget.
All Volunteer Firefighters have the choice of Option #1 or Option #2
above.
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38.0 UNIFORMS:
e Coverage: All Volunteer Firefighters
Statement: To regulate assignment and use of departmental uniforms, cresting
and associated regalia.
38.1 Fire Department uniforms shall be assigned based on seniority.
38.2 Fire Department members with a minimum 1 year experience shall
be issued a station wear uniform consisting of dark navy shirt, dark
navy trousers, black tie, fire department belt and rank bars and
approved department cresting.
38.3 Fire Department members with a minimum 2 years experience shall
be issued a station wear jacket and uniform hat with approved
department cresting.
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38.4 Fire Department members with a minimum 4 years seniority shall be
assigned a full dress uniform consisting of dark navy tunic, navy
trousers, black tie, navy uniform shirt, white gloves, uniform hat (if not
already assigned), rank bars, approved department cresting and any
other regalia as approved.
38.5 Officers shall receive after 4 years minimum seniority a white uniform
shirt in addition to a navy uniform shirt.
38.6 White uniform shirts shall be designated for officers only.
38.7 Navy uniform shirts shall be designated for firefighters only. Officers
may wear navy uniform shirts as station wear.
38.8 It shall be the sole responsibility of the Deputy Chiefs to ensure the
Fire Chief has current up to date measurements of all firefighters on
file at all times for uniform ordering. Uniforms will not be provided if
measurements are not available.
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38.9 Personnel shall not enter any establishment serving alcohol at any
time while in assigned uniform unless performing their duties as a
firefighter.
38.10 Uniforms shall not be worn for any purpose other than fire department
assigned duties. Examples of acceptable use include mutual aid
meetings, external training, open houses, fire inspections, station
training and any other functions as approved. All other uses shall be
prohibited.
38.11 All uniforms shall be provided only within the constraints of the
departmental budget.
39.0 VOLUNTEER FIRE FIGHTER RECOGNITION PLAN
Statement: The Corporation will recognize and reward all volunteer fire
fighters for their years of service and contribution to the
Corporation.
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39.1 Recognition of service shall be for volunteer fire fighters reaching 5,
10, 15, 20, 25 and 30 years of service.
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39.2 Volunteer fire fighter(s) will receive an appropriate corporate
memento and/or gift as outlined below in recognition of their
contribution and years of service.
39.3 The date used to calculate service for the purpose of this policy will
be the year of appointment as a volunteer fire fighter.
39.4 Service Recognition Awards:
5 Years:
$50 'Dinner Gift Certificate.
10 Years:
Gold tie-pin or gold pendent with municipal logo or set
of crystal wine glasses with inscribed Municipal Crest.
Not to exceed $100.00 in value.
15 Years:
$100 'Dinner Gift Certificate.
20 Years:
Gold Watch with Engraving/or Gold Bracelet with
Engraving. Not to exceed $250.00 in value.
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25 Years:
Municipal Gold Ring with Crest. Not to exceed
$275.00 in value.
30 Years:
Volunteer fire fighter's choice of a gift up to $300.00 in
value.
Volunteer fire fighters who provide service beyond 30 years will be
recognized in 5 year increments. Choice of a gift up to $300.00 in
value.
Retirement: Monetary Gift of a value of $50.00 per year of service
for bona fide retiring volunteer fire fighters.
39.5 Retiring volunteer fire fighters will be given the option to be
recognized at the Christmas Party as a retiring volunteer fire fighter.
'Dinner gift certificates to be used at any restaurant in the Municipality of
Kincardine
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Notes:
a) In October of each year, Human Resources Department will provide to the
Fire Chief, for verification, a list of those volunteer firefighters who will
qualify for a service recognition award for the current year.
b) The service recognition awards will be presented to the volunteer fire
fighters prior to December 31 of each year, with the exception of the initial
award which will be effective January 1, 2008 but awarded and included in
2009 budget deliberations.
c) The first award will be the maximum achieved e.g. if you have reached
19 years of service in 2008, you will receive the 15 years service award
not also awards for 5 and 10 years service.
d) Costs associated with recognition and retirement will be included in the
Fire department's budget.
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e) The Municipality will pay for all dye charges for pendants, pins etc.
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40.0 DAVIDSON CENTRE
Use of the Davidson Centre Health Club is provided by the Municipality of
Kincardine as a benefit to encourage healthy living. It is provided to all
volunteer fire fighters, spouses, retired volunteer fire fighters and
dependant children living in the home of the immediately mentioned
groups above. The Davidson Centre Health Club includes the use of the
gym, pool and sauna facilities.
41.0 LEAVE OF ABSENCE
41.1 The Department may grant an unpaid leave of absence to any
volunteer firefighter for personal reasons. Volunteer firefighters
shall not accumulate service while on such leave nor shall they be
entitled to any benefits.
41.2 Leave of absence is intended for long term scheduled absences
and will be determined on a case-by-case basis.
41.3 Unpaid personal leaves of absence of up to one month in duration
may be authorized by the Fire Chief. Personal leaves of absence
of more than one month in duration must be authorized by the Chief
Administrative Officer.
41.4 A request for a leave of absence of more than one month in
duration should be made in writing at least one month prior to the
desired commencement date of the leave. If the Corporation grants
such leave, it shall confirm the terms of said leave in writing unless
this is deemed an emergency situation by the Human Resources
Department. If this is the case, a confidential report shall be given
to the Corporate Services Committee at the earliest opportunity.
42.0 ABSENCE WITHOUT LEAVE
42.1 Any unauthorized absence from work will be considered absence
without leave and may warrant disciplinary action. (See Section
28.5 & 28.9)
43.0 REPORTING ABSENCE
It is the responsibility of the volunteer firefighter to advise his/her Deputy
Chief or Fire Chief of each occasion which requires an absence from duty.
This shall be reported on the respective station accounting boards.
Failure to do so may warrant disciplinary action.
44.0 TERMINATION
Statement: Termination of employment, either voluntary or involuntary
shall be initiated with the appropriate notice and shall be
properly documented for payroll processing.
44.1
Voluntary Termination
A volunteer firefighter who resigns his/her position is required to
submit the resignation in writing. If the volunteer firefighter refuses
to provide the resignation in writing, the Fire Chief will immediately
confirm the verbal resignation in writing, stating the date and, if
appropriate, the circumstances. The Fire Chief will notify the CAO
immediately regarding this situation.
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44.2 Volunteer firefighters are expected to give a minimum of two weeks
notice when resigning. The Fire Chief is expected to give thirty
days notice. All written resignations must be acknowledged
immediately.
44.3 When a volunteer firefighter retires from the Municipality of
Kincardine Fire Department, the Department may fund a farewell
event with the cost not to exceed $250.00. (The CPI indexing will
apply on an annual basis).
44.4 Involuntary Termination
Any termination shall be consistent with the terms of the
Employment Standards Act.
44.5 Appeal Procedure
No appeals will be considered in the case of any volunteer
firefighter discharged prior to completion of the probationary period.
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Coverage: All volunteer firefighters
Statement:
The Corporation shall provide guidance to volunteer fire fighters who
develop social or health problems as a result of drug or alcohol abuse, or
emotional problems which affect the quality of their job performance. The
objective will be to identify volunteer fire fighters whose work habits are
affected by an alcohol/drug problem or an emotional problem and to
attempt to assist in correcting an volunteer fire fighter's work habits,
through the establishment of a rehabilitation program or treatment
program, or if necessary, through disciplinary action.
Procedure:
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Assisting a volunteer firefighter who has a drug/alcohol problem or
emotional problem is a co-operative venture of the individual volunteer
firefighter and management and may require referral to, and assistance
from, one or more treatment agencies listed at the end of this policy. It
has been found that this team concept produces the best results. Clear
directions from management are required to motivate the volunteer fire
fighter to accept help. The success or failure of the rehabilitation
programs/treatment programs will be measured through work performance
and attendance data. The facts should therefore be properly recorded
and brought to the volunteer firefighter's attention on a regular basis. The
volunteer fire fighter needs to know that in the end, their continuation as a
firefighter depends on their successful rehabilitation.
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Step 1
Whenever it is suspected that poor work performance, attendance,
volunteer fire fighter relations or other problems indicate the existence of a
drug/alcohol/emotional problem, the Fire Chief will conduct an interview
with the volunteer fire fighter. The volunteer fire fighter is informed by the
Fire Chief that their work must improve within a specified time frame
(usually one month), or a formal letter of warning will be issued to the
volunteer fire fighter.
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The volunteer fire fighter is then informed of the resource agencies.
Details of this interview are to be recorded by the Fire Chief and filed with
the Human Resources Department.
NOTE
The volunteer fire fighter may actually initiate this step, and in fact the
volunteer fire fighter should be encouraged to do so.
Step 2
A confidential record of the volunteer fire fighter's performance is
maintained by the Human Resources Department who, after the time
frame specified in Step 1, either files a report stating that the volunteer fire
fighter's problems are being resolved or alternatively sends a letter of
warning that suspension or other action will follow repetition of the
action(s) outlined. Again, the Fire Chief must specify a time frame for
immediate improvement. A copy of all warning letters must be filed with
the Human Resources Department, and if required, the treatment agency
to which referral is made.
The volunteer fire fighter's work record is maintained regularly and, after
the time frame specified in Step 2, the Human Resources Department
sends the volunteer fire fighter one of the following letters:
a) if work record has improved and rehabilitation is progressing
according to the treatment agency, a letter of commendation is sent
to the volunteer fire fighter with a note, that their work habits will
continue to be evaluated on a regular basis, or
b) if work has not improved, a letter of suspension or other action. If
the Human Resources Department opts for suspension rather than
other action, a new trial period, as per Step 2 must be established.
Copies of these letters are to be sent to the Human Resources
Department and Fire Chief and the treatment agency involved.
NOTE
The foregoing procedures are guidelines only and may be altered to cope
with specific situations. This policy does not bind the Corporation to
undertake any rehabilitation procedures. The provisions of any working
agreements, must however be strictly followed. Confidential
documentation is vital for either the rehabilitation or the disciplinary
process. The individual actions of the Fire Chief will be limited to the
frame work set out above. Attempts at rehabilitation, including counseling
for drug, alcohol, or emotional problems, will be left to the appropriate
agencies as listed at the end of this policy or acceptable alternate
accredited professionals. Complete and accurate confidential records
must be kept on file by the Human Resources Department.
46.0 That By-law No. 2004-160 be hereby repealed.
47.0 This by-law shall come into full force and effect upon its final passage.
48.0 This by-law may be cited as the "Establish and Regulate Municipality of
Kincardine Fire Department By-law".
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Establish and Regulate Fire Department
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Appendix 'A'
FIRE DEPARTMENT (Human Resources) ORGANIZATION CHART
MUNICIPAL COUNCIL
CHIEF ADMINISTRATIVE OFFICER
FIRE CHIEF
(ADMINISTRATIVE)
COMMUNITY
EMERGENCY
MANAGEMENT
COORDINATOR
CLERK TYPISTI
RECEPTIONIST
DEPUTY
CHIEF
KINCARDINE
STATION
DEPUTY
CHIEF
TIVERTON
STATION
SAFETY,
TRAINING &
CAPTAINS
SAFETY,
TRAINING &
CAPTAINS
FIREFIGHTERS
FIREFIGHTERS
FIRE
PREVENTION
OFFICER
INSIDE
MAINTAINER
MYSIC
WATER
RESCUE
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APPENDIX 'B'
VOLUNTEER FIREFIGHTERS HIRING PROCESS
STATMENT: To ensure volunteer firefighters hired by the Municipality of Kincardine are
selected in a consistent manner that meets the needs and circumstances
of the Municipality of Kincardine with respect to optimizing fire response,
fire safety education and maintaining adequate fire protection at all times.
I. Volunteer firefighter applicants shall be recommended based on a point system
scoring.
II. "Work within" and "live within" refers to the assigned fire station.
III. A standing recruitment selection committee ("the hiring committee") from each
station shall be appointed annually (at a minimum) or as required by the Deputy
Chief(s) to recommend suitable candidates to the Deputy Chief(s) for each respective
Fire Station. Candidates shall be recommended by the Deputy Fire Chief(s) for
approval by the Fire Chief. Standing hiring committee members shall be the Fire
Chief and the Deputy Fire Chief(s).
IV. In addition, each committee shall also consist of one Officer and two firefighters
from the respective fire station.
V. All hiring committee members shall openly declare any conflict of interest to the Fire
Chief with regard to themselves and applicants including relatives and co-workers.
VI. All applicants upon request of the Fire Chief and at their own expense shall provide
a clean current driver abstract, a current criminal background check, a current sexual
offender background check and a current medical fit for duty report from their
physician on municipal forms. Successful candidates approved for hiring shall be
reimbursed for their expenses in obtaining these documents by the Municipality of
Kincardine.
VII. The selection process shall follow the general guidelines of the most current
Ontario Fire Marshal's Recruitment and Retention program where possible.
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APPENDIX 'C'
2008/09 Pay Grid - VOLUNTEER FIREFIGHTERS
I. Deputy Chief (2) - $7995 annual salary - also paid for training,
meetings, long weekend standby & response calls
II. Captain (8) - $1500 annual salary - also paid for fire prevention,
mutual aid meetings, training, meetings, long weekend standby &
response calls
III. Acting Captains (4) - training position paid pro rated step up pay
per call (6 month Captains stipend of $750 divided by the number of
calls for that six month period) - also paid for fire prevention, mutual
aid meetings, training, meetings, long weekend standby & response
calls
IV. Association Secretary/Treasurer (2) - $450 annual salary - also paid
for fire prevention, mutual aid meetings, training, meetings, long
weekend standby & response calls
V. Training Officer (2) - $1500 annual salary - also paid for fire
prevention, mutual aid meetings, training, meetings, long weekend
standby & response calls
VI. Safety Officer (2) - $450 annual salary - also paid for fire prevention,
mutual aid meetings, training, meetings, long weekend standby &
response calls
VII. Holiday Pay (4%) - added to annual grant amount
VIII. Response Call- Grant system (20083.5%/20093.0%)
IX. Bi weekly fire training - $20 flat rate
X. Bi weekly fire meeting - $10 flat rate
XI. Special fire meetings - $10 flat rate
XII. Mutual Aid meetings - $30 flat rate
XIII. Long Weekend standby - $40 flat rate per day for three days
XIV. Special Training or Function - pay per diem rate for full day or half
day from per diem budget as approved by Fire Chief
XV. Fire Prevention activities - paid actual hours from annual grant
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READ a FIRST and SECOND TIME this 15th day of October, 2008.
cLo~c-.-
~~~
Clerk
Rg:;~~ PASSEDj"', 5":";:;'
Mayor Clerk