Ordinance 17-25 Amending HCC to add HCC 2.52 Police Department and HCC 2.53 Fire Department

CITY OF HOMER
HOMER, ALASKA

City Manager/Police Chief/Fire Chief

ORDINANCE 17-25

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, REPEALING HOMER CITY CODE 2.52 DEPARTMENT OF PUBLIC SAFETY AND REENACTING AS THE POLICE DEPARTMENT AND CREATING HCC 2.53 FIRE DEPARTMENT UNDER TITLE 2. ADMINISTRATION AND PERSONNEL.

WHEREAS, In 1981 a Public Safety Department was defined in Homer City Code that consisted of two divisions called the Homer Police Department and the Homer Volunteer Fire Department that is headed by the Director of Public Safety; and

WHEREAS, Since that time the position of the Director of Public Safety has been eliminated and the Homer Police Department and Homer Volunteer Fire Department have become established departments within the City and the department heads are the Police Chief and Fire Chief respectively; and

WHEREAS, HCC 2.52 has had minimal revisions since it was originally adopted and this amendment will correctly outline the Police Department and Fire Department Functions.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Section 2.52, Department of Public Safety is repealed and reenacted as 2.52, Police Department to read as follows:

Chapter 2.52
POLICE DEPARTMENT

Sections:

2.52.010    Department created.

2.52.020    Function of Department.

2.52.030    Authority of the Chief of Police.

2.52.035    National Incident Command System.

2.52.040    Police divisions – Duties and authorities.

2.52.050    Contracts for services authorized.

2.52.060    Correctional officer qualifications.

2.52.010 Department created.

There is created a Police Department which shall consist of three divisions called Patrol, Dispatch, and Investigations. The Police Department will be headed by the Chief of Police who shall be appointed by the City Manager for an indefinite term, confirmed by the City Council and shall be removable only for cause by the City Manager. The Chief of Police who shall supervise and direct the activities of their divisions.

2.52.020 Function of Department.

It shall be the function of the Police Department to preserve order, enforce all ordinances and laws in the City, and preserve peace.

2.52.030 Authority of the Police Chief.

The Chief of Police shall have all the duties and authority assigned by law or ordinance to provide law enforcement, emergency communications, and shall have the supervision of all officers and employees assigned to the Department and shall have the authority to administer contracts for public safety services not provided by Department personnel.

2.52.035 National Incident Command System.

The City of Homer hereby adopts the National Incident Management System (NIMS) as its system of preparing for and responding to disaster incidents. NIMS includes the use of the Incident Command System for responding to and management of disasters.

2.52.040 Police duties and authorities.

The Police Department shall have the duty and authority to preserve order, enforce all ordinances and laws in the City, preserve peace, and in all respects to perform all duties pertaining to the offices of police officer. The Chief of Police shall have the authority to organize, supervise and direct the activities and personnel of the Police Department.

2.52.050 Contracts for services authorized.

a. The City of Homer shall have the authority to contract for the provision of public safety services.

b. The City of Homer shall have the authority to delegate to the contractor the duties and powers required for the services to be performed under contract to the City, except as may otherwise be prohibited by law.

2.52.060 Correctional officer qualifications.

A full-time City correctional officer shall meet the requirements of AS 18.65.130 through 18.65.290 that are applicable to municipal correctional officers, including without limitation certification under AS 18.65.242, on or before the later of:

a. Six months after the effective date of this section; and

b. One year after the date of hire.

Section 2.  HCC 2.53, Fire Department is created and reads as follows:

Chapter 2.53
FIRE DEPARTMENT

Sections:

2.53.010    Department created.

2.52.020    Authority of the Fire Chief.

2.53.030    Fire Department volunteer personnel.

2.52.035    National Incident Command System.

2.52.040    Emergency responses – Fees – Liability.

2.53.010 Department created.

There is created a Fire Department. The Fire Department will be headed by the Fire Chief who shall be appointed by the City Manager for an indefinite term, confirmed by the City Council and shall be removable only for cause by the City Manager. The Fire Chief shall supervise and direct the activities of the department.

2.52.020 Authority of the Fire Chief.

The Fire Chief shall have all the duties and authority assigned by law or ordinance to provide emergency communications, fire protection, rescue and emergency medical services and shall have the supervision of all employees assigned to the Department and shall have the authority to administer contracts for Fire Department services not provided by Department personnel.

2.53.030 Fire Department volunteer personnel.

a. Fire Department volunteer personnel shall be formally appointed by the Fire Chief to positions within the Fire Department.

b. The Fire Chief shall have the authority to:

1. Organize, manage and direct the activities of the Fire Department volunteers;

2. Select, appoint, schedule, promote, transfer, assign, train or retrain volunteers in positions within the Fire Department;

3. Suspend, demote, discharge, or take appropriate disciplinary action against volunteers according to the Fire Department policy and procedures manual;

4. Establish job descriptions for all volunteer positions within the Fire Department; and

5. Establish reasonable work rules and rules of conduct for all volunteers.

c. Volunteer personnel shall be treated as employees for the purpose of indemnification from personal liability by the City according to Chapter 1.10 HCC. They shall also be afforded statutory immunity provided by law.

d. The City shall provide worker’s compensation insurance for all volunteer personnel.

e. Volunteer members of the Fire Department may organize into an association. The function and duties of the association shall in no way conflict with the role and authority of the Fire Department or the Fire Chief. The Fire Department may assist the association by supporting the activities of the volunteer association that supports the mission of the Fire Department and encourage volunteer participation.

f. The Fire Chief shall have the authority to establish reasonable Fire Department privileges to encourage and reward the active participation of volunteers in Fire Department activities and services. Such privileges shall be described in the Fire Department procedures and policy manual.

g. The Fire Chief may recommend specific compensation or benefits be provided for volunteer Fire Department personnel. Such compensation or benefits must be approved by the City Council by resolution, and are subject to annual appropriation to the Fire Department budget. Absent such specific approval, volunteer Fire Department personnel shall not be paid and shall have no right or claim to any employee compensation or benefits.

2.53.035 National Incident Command System.

The City of Homer hereby adopts the National Incident Management System (NIMS) as its system of preparing for and responding to disaster incidents. NIMS includes the use of the Incident Command System for responding to and management of disasters.

2.53.040 Emergency responses – Fees – Liability.

a. The City Council may, by resolution, establish a schedule of fees to be charged for emergency services. Fee schedules may be established for, but are not limited to:

1. False alarms;

2. Emergency medical services or rescue services;

3. Reimbursement of the cost of an emergency service response involving hazardous materials or demanding unusual or extraordinary efforts, or caused by criminal or negligent conduct;

4. Fire protection services.

b. As used herein, “costs of an emergency service response” means actual costs incurred by the City, including Homer Volunteer Fire Department, and any other City contractors, in reasonably responding to an emergency incident, including the costs of providing police, fire fighting, rescue, emergency medical services, and other personnel, equipment or services in response to the incident, but shall not exceed those costs directly arising out of the response to the incident.

c. The charges authorized in subsection (a) of this section constitute a debt of the responsible parties and is collectible by the City in the same manner as in the case of an obligation under a contract, express or implied. The City of Homer shall have the right to bring suit for collection of these charges, plus costs and attorney fees, against any or all of the parties responsible for payment.

d. Payments received for emergency service responses shall be prorated among the City departments and contractors responding to the incident.

Section 3.  This ordinance is of a permanent and general character and shall be included in the City Code.

                ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ______ day of ______________, 2017.

CITY OF HOMER

_____________________________

BRYAN ZAK, MAYOR

ATTEST:

_____________________________

MELISSA JACOBSEN, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

Reviewed and approved as to form.

Mary K. Koester, City Manager                                                              Holly C. Wells, City Attorney

Date:                                                                                                           Date:                                                                   

Fiscal Note: NA