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01-264i 0 R I G I N A L � �+ ����� °��a�lCouncil File # a�-ac.y Ks....�.1...� b. e„�.�.� w. S � Green Sheet # 62998 RESOLUTION � ieo� OF SAINT PAUL, MINNESOTA Presented Refened To Committee Date 1 2 � 3a An Adininistrative Resolution changing the rate of pay for positions in the Assistant Fire Chief class RESOLVED, that the compensation for the classification of Assistant Fire Chief be changed from that set forth in Grade 28, to that set forth in Crrade 30 of the Employee Crroup 17, Non-represented City Managers, Salary Schedule,and be it 8 FURTHER RESOLVED, that when, pursuant to Section 9.01 ofthe Saint Paul Administrative 9 Code, the Fire Chief assigns to a position in the Assistant Fire Chief class "Emergency Management 10 Director" responsibilities as defined in Chapter 13, Emergency Management, of the Saint Paul 11 Legislative Code, said position shall be compensated at the rate set forth in Grade 31 of the Employee 12 Group 17, Non-represented City Managers Salary Schedule, and be it 13 14 FINALLY RESOLVED, that the effective date of this resolution shall be the first pay period following its passage and approval. Requested by Department o£ Office Of Human Resources By: � Form Approved by City Attomey BY� � ��� ,0 ��` 3 � ('z� o t Approved by Mayor for Submission to Council By: .*_�R.� ���. \�-�-� Approved by Mayor: Date �V �� b�� By: �/�}'vty y �iL_� .i e - G:\Shared�FII2COMMON�SHOCKLEY�AsstFire.res.wpd By: Adopted by Council: Date �`� O� Adoption Certified by Council Secretary G Si DEPARTMENf/OFFKFJCOUNCIL: DATE I[iITIATID GREEN SHEET No.: 62998 Q, �71'L l Human Resources 03-07-01 CANTACf PERSON & PHONE: II�unnilnwlE PII7'WJDATE John Shockley 266-6482 �n�an�err nnc 3 � o� . cm'ooin,cn. ,vss[cr� xarcwrmnner 3'/2'd/ cmra.a�c MUSf BE ON COUNCII. AGENDA BY (DATE7 ���� H0717ING SFAVDIR PINAT�MLSH[V/ACCrt' As soon as possible oxn� � y/ ,� 1 � // 31/AYOR(ORA4G) � TOTAL # OF SIGNATURT+. PAGES_1 QCLiP ALL LOCATI6NS FOA SIGNAI'[1RE) ACfIONREQUESfID: Approval of a resolution clianging the rate of pay for the Assistant Fire Clrief class from grade 28, to grade 30 of the Non- represented City Managers, Employee Group T7, Salary Schedule and estabiishing the cate of pay for the Assistant Fire Chief position assigned "Emergency Managemern Director" responsibilities, as deSned by chapter 13 of the City of Saint Paul I.egislative Code, in grade 31 of the Non-represented City Managers, Employee Group 17, Salary Schedule . REQ�AA�NDAT[ONS:APP��(A)orReJect(A) �FA�'�G` PER80NALSERVICECONTRICISMUSTANSWF1tTHEFOLLOP7NGQUESI[ONS: � 69 1. Hnth'sP��evevakadwdeaoamnctforddsdepa�ent? _PI.ANNING COMI,qSSfON _p9 ���'g'�' " Ye No _CIDCOMhIlITEE eb��s� 2HrWepnaae/fvmmabnmaceYmploy'e^7 C1VII. SERViCE COMbIISS[ON � � Ye No q tW ��1 3. Doast66pe�wn/6rmpmenedillmemmal�YP�bSmY���Y�P�� _ nc P�.� i� t� � Yn No 'e x�"`�'�" 4. Lih'v�wdfvmetageledamdaR Ye No EipW� all pw uswen w xryrate s6eR aod �ltach to grcen aheet INCfIATING PROBLEM, ISSUE, OPPORTUNITY (R'6o, What, W6en, R'4ere, Nhy): Positions allocated to the Assistant Fire Chief ciass aze in the unclassified service. They are appointed by the Fire Clrief. There aze currently three positions. One is in charge of the Human Services Division, another is responsible for the Support Services Division, and another is in charge of the Operations Division. With the exception of the Assistant Fire Chief in charge of human reIations wlrich was established in 1995, these positions have not beea studied for appropriate compensation since ihe 1985 Compazable Worth Study. Beginning in 1995, there were four Assistant Chief positions. In 1996, one Assistant Chief position was pemianently eliminated and the duties were divided among the remaining positions: Also, since 1995, several positions have been eliminated from the Department that haue increased the duties and responsibilities of the r�+a�n;ng Assistant Fire Clrief positions. Seyeral District Fire Chief positions, the Emergency Prepazedness Coordinator, the Clrief Fire Investigator, two Administrative Assistants, one Management Assistam , and the Assistant Fire Mazshall l�ave been eluninated. Furthermore, last year, as a result of overtime provisions of the Fire Supervisors Association comract, there were twelve positions supervised by the Assistant Fire Cluef positions tbat received a]righer gross pay thau the Assistant Fire C6iefs., Therefore, the Fire chief has indicated tbat he is having problems recruiting and retaining employees in Assistant Fire ChieP positions �nd asked that Human Resources conduct a study of the positions in order to determine appropriate compensation. ADVANTAGESIFAPPROVED: Fquiiable cornpensation commensurate wiW the levet of dudes and responsibilities of the positions will be established. DISADVANTAGES IF APPROVID: None. Increased salary costs have been budgeted. DI$9TrVANTAGES IF NOT APPROVED: � Equitable compensation will not be established and continued difficuhy in maldng pemianent appointments may be realized• TOTAL AMOiJNf OF TRANSACt'ION: Appm�a4 tofal salary ix�eaK fw the Um Pa��� � 517,420 COST/REVENUE BL]DGEl'ID: FONDING SOURCE: AC71V1TY NUMBER: FINANCiAL INFORMATION: (ElTLAIN) G:VSha�edVIIZCOMMON�SHOCKI.E]�Asat.F've.Chief.g�n.afitwpd OFFICE OF INMAN RESOURCES Jo7m HamiUon, Di�ecmr CTTY OF SAINT PAUL Norm Coleman, Mayor TO: FROM: DATE: RE: Fire Chief, Tim Fuller John Shockley�� Sr. Human Resources Consultant March 5, 2001 400CityHa[ZAmtee 25 WutFonrJt Sbeet SaintPau4Minnesota 551 02-1 63 4 Assistant Fire Chief Deternvnation and 20 Day Notice Telephone: TDD/LZY.' JobGne: Fac.nmile: I�Ophon: Y Option: o i -a-�y 651-2666500 651-266-6501 651-266-6502 65I-292-7035 651-292-�656 As you requested, we have compieted our study of the three positions allocated to the unclassified Assistant Fire Chief ciass. The purpose of the study was to detemune appropriate compensation. We reviewed current job information, organizationai charts, payroll information, the City Charter and the Legislative Code. Comparisons were made with other City division manager positions, and Department ofFire and Safety Services supervisory positions. We conducted interviews with yourself and the incumbents. We also evaluated the positions using the QE5 job evaluation system. Based upon the aforementioned information, we have detemrined the following: l. Positions appointed to the unclassified Assistant Fire Chief class should be compensated in Non-represented grade 30, of the Employee Group 17, Salary Schedule, instead of the cunent grade 28. Tlus deternvnation is based upon organizational changes that have occurred since 1996. These changes have increased the duties and responsibilities of the current positions. Positions such as the Assistant Fire Chief in chazge of the Administrative Aivision, the Emergency Preparedness Coordinator, the Chief Fire Investigator, the Assistant Fire Marshall, two Administrative Assistant positions, a Management Assistant, and several District Fire Chief positions, haue been eliminated. Some of the duties and responsibilities of these positions have been assumed by the Assistant Fire Chief positions. Also, the Assistant Fire Chief posirions have been given greater responsibility for long range planning and more discretion in developing and implementing the vision and mission of the Department. It should also be noted that a review of last yeaz's payroll records revealed that twelve of the positions supervised by the Assistant Fire Chief positions earned more gross pay. This is because those positions aze represented by the Fire Supervisory Associarion and therefore, were eligible for overtime pay. The Assistant Fire Chief positions do not receive overtime compensation. However they do oversee twenty-four hour operations and regvlarly work more than 40 hours a week. 2. The Assistant Fire Chief position that is assigned by the Fire Chief to perform "Director of Emergency ManagemenY' duties as defined in Chapter 13 of the Legislative o�-a�y Code should be assigned to Non-represented grade 31, of the Employee Group 1'7, Satary Schedule. This is because of the additional responsibilities of the assignment wirich includes leadership, direction and coordination of emergency response efforts in the event of catastrophic accidents, natural disasters, or terrorist acts. Please notify me within 2Q days if you have any objections or wish to discuss this action. My phone number is (651) 266-6482. If I do not hear from you within 20 days, I will assume agreement and I will proceed with the process_ If there are no objections, I will process a resolution establishing the new pay rates. Following passage and approval of the resolution, the Office Human Resources will work with Fire Payroll personnel in implementing the pay changes. JS I hereby waive the time remaining on this 20 day notice for the purpose of changing the rate of pay for the Assistant Fire Chief ciass. Name Date G:�Shared�HI2CAMI ssCFueCh�d det20.uyd c � -3�y CLASSIFICATION AND COMPENSATION STUDY REPORT CLASS STUDIED: Assistant Fue Chief DATE STUDIED: December 2000, by 7.H. Shockley PERSONS CONTACTED: Fire Chief, Timothy K. Fuller Assistant Fue Chief, Alan Bataglia Assistant Fue Chief, Anthony Carter Assistant Fire Chief, Gary Olding Background Positions allocated to the Assistant Fire Chief class are in the unclassified service. The incumbents aze appointed by the Fire Chief. They are not represented by a bargaining unit, and they serve at tbe will and pleasure of the F�re Chief. They aze part of Employee Group 17, the Non-represented City Managers. The positions aze assigned to pay grade 28 of the Employee Group 17, Salary Schedule. These positions are the division managers in the Department of Fire and Safety Services. With the exception of the Assistant Fire Chief in charge of human relations, which was established in the beginning of 1995, for the purpase of unproving employee relafions, recnxitrnent and retention, coznmunity relations, and diversity, these positions were last studied for appropriate compensation in 1985, as part of the City's Comparable Worth Study. Consequently, with the addition oi the Assistant Fire Chief for human relations, there were four Assistant Fire Chief positions in 1995. This included one responsible for administration, one responsible for operations, and one responsible for support services. Beginning in 1996, one Assistant Fire Chief position was permanently eliminated from the budget. This was the adminisrtative division head. That division's program responsibilifies were divided among the remaining positions. Also, since 1995, the deparkment has eliminated severai supervisory and adnuuistrative positions that have affected the duties and responsibiliries of the three remaining Assistant Fire Chief positions. The positions eliminated were, the Emexgency Preparedness Coordinator, the Chief Fire Investigator, the Assistant Fire Mazshall, two Administrarive Assistants, one Management Assistant, and several District Fire Chief positions. In 2000, one major program responsibility, the Fire Emergency Communications unit was transferred to the Police Department. This unit was previously under the Assistant Fire Chief who managed the Operations Division. However, that APPROVAL OF THE DIRECTOR OF f1UMAN RESOURCES o�-���t Assistaut Cluef position still works with the Polic� Department Assistant Chief responsible for the Emezgency Communications Center by representing the Depaztment of Fire and Safety Services emergency communications interests in the program's provision of emergency medical and fire suppression services. The three current Assistant Chiefs are now responsible for management of the Department of Fire and Safety Services' Operations Division, the Support Services Division, and the Human Services Division. These positions, through a labor/ management cooperarive approach, aze responsible for the coordination of ail functions for a department that consists of 461 employees with an annual budget of $39,275,215. The changes made in the Department since 1996, with the reduction in the aforementioned positions, the subsequent restructuring of the department, the evolufion of new programs and projects, and the addition of laborfmanagement cooperative efforts, have added duties and responsibilities to the e�sting Assistant Fire Chief posifions that were not considered in previous compensation studies. For example, the negotiation and administration of contracts with businesses and other municipalities for the provision of fire suppression and fire prevention services has been added to the Assistant Chief in charge of the Support Services Division and the Assistant Fire Chief in chazge of the Operations I3ivision. The coordination of a nineteen county regional hazardous materials response program, and increased management and control responsibilities in relationship to federal disaster and terrorism response requirements have been added to the Assistant Cluef in charge of the Operations Division. Increased responsibility for labor relations matters, and community outreach programs have been added to the Assistant Chief in charge of the Human Services Division. All of the Assistant Fue Chief positions ate on call and have increased command responsibility in the event of significant fires and other incidents because of the reducfion in the number of District Fire Chief positions. This is especially true for the Assistant Fire Chief in chazge of the Operations Division. The Fire Chief has requested that the Office of Human Resources conduct a compensation study of these positions. Traditionally, the Assistant Fire Chief positions are filled from the deparGmenYs chief officer ranks. The candidates typically have many years of experience in the fire service including management and administrative training and experience. Most haue college and technical degrees with course wark in fire science, public and/or business administration, or engineering. The Fire Chief has indicated that he is having difficulty recruiting and retaining employees in these posifions. In some cases, the Assistant Fire Chief positions supervise employees who earn a higher overall salary. This is because such employees aze repxesented by a bazgaining unit and aze eligible fox overtime payment that is guaranteed by union contract. _ A similaz situation was recently faced by the Police Department. o� -3�y Study Comnonents Review of job changes and organizational charts Interview with Fire Chief Interviews with the current incwnbents Comparison to similaz positions Review of e�sting Job Profiles and payroll information Quantitative Evaluation System (QES) analysis and recommendation Review of City Charter and Legislative Code Posifion Descri tions These positions perform highly responsible managerial work in providing leadership and overall command direction to the Divisions of Human Services, Support Services, and Operarions of the Departrnent of Fire and Safety Services. These positions work under the general administrative supervision of the Fire Chief. They exercise general and command supervision directly and indirectly over Deputy Fire Chiefs, the Fire Mazshall, the Emexgency Pazamedical Services Chief, Fire District Chiefs, the Chief Fire Training Officer, Assistant Fire Training Officers, Fire Investigators, Fire Captains, Fire Equipment Operators, Fue Fightezs, and civilian employees. 'd'he typical duties that are common to all of the Assistant Fire Chief posit�ons are: Directs the functions of the Human Services Division, the Support Services Division, or the Operations Division on a twenty-four hour basis. Participates in the development of strategic and long range planning for the Department as a member ofthe DepartmenYs strategic planning committee, including developing the mission, vision and values of the Department; directs the development and evaluation of sirategic and long range plam�ing for the division in conjuncrion with the mission and vision of the Departsnent of Fire and Safery Services. Develops and oversees the implementation of division performance standards that support the mission and vision of the division and the Department of Fire and Safety Services. Participates in the prepazation and monitoring of the Department of Fire and Safety Services budget; oversees assigned division budget development and coordination activities; maintains division services within the approved budget. Authorizes the allocation of resources; reviews and approves individual unit plans and proposals; determines division staffing leveis. . o � -a�y Develops and oversees the implementation of division policies and procedures. Directs, supervises, assigns, and evaluates the work of division staf�including authorizing overtime, hiring, transfer, suspension, promotion, discipline, and other related supervisory functions. Commands major fire scenes, emergeneies and other incidents on a twenty-four hour basis as needed. Investigates complaints regazding division services or stafF. Inspects and reviews facilities, staff, and equipment for conformance with division and Department of Fire and Safety Services policies, procedures, rules, and regulafions. Represents management as a member of the Department of Fire and Safety Services Labor/Management Committee. Represents and/or assumes the duties and responsibilities of the Fire Chief when so designated. Typical dufies of the Assistant Chief in Charge of the I3uman Services Div�sion: Serves as the DepartmenYs liaison witl� the OfFice of Auman Resources, including vacancy detemunation, examination development as subject matter expert, and certification process monitoring. Serves as the Department's liaison with the Office of Affirmative Action, nicluding coordination of recruitment, hiring and retenrion of protected class employees, ensuring dissemination and compliance with the Ciry's AJorkplace Conduct Policy, training of employees in harassment prevention, and participation in the investigation of alleged violations of the Workplace Conduct Policy. Serves as the DepartmenPs contact with the Office of Labor Relations including participation in bargaining unit contract negotiations, azbitration preparation, disciplinary actions, strike planning, and general dispute resolution. Works with the City Attorney's Office in conjunction with State and Federal Court procedures, EEOC complaints, and Civil Service Hearings; responds to subpoenas, serves as an expert witness, provides depositions and requested informafion. Coordinates Workers Compensation issues with the City's Risk Management Division including manitoring workers compensation expenditures, and ensuring compliance with OSHA mandates. 0 01-u4 Serves as a member of the Deparhnent's Information Management Systems Team and oversees the activities of the employees of the City's Information Services Division who aze assigned to meet the Departments information management needs. Oversees the Department's community outreach programs including Fire Explorers, parade participarion, block clubs, and community festivals. Oversees the Department's wellness and physical fitness program. Coordinates the Department's mentoring program with division managers including ensuring the availability of additional training when a need has been deternriued so that employees can successfully complete the apprenticeslup program, continue employment, and prepaze for promotional testing. Provides conflict resolution services and training. Serves on the Labor/Management Diversity Committee. Typical Duties of the Assistant Fire Chief in charge of the Support Services Division. Oversees the activifies of the Fire Investigation Unit which investigates the origin of fires including azson investigations. Oversees the activiries of the Fire Prevention Unit which includes the Residential and Commercial Certificate of Occupancy program inspections, the inspecrion of fire sprinkler systems, the participa6on in the problem properties task force, and the Fire Prevention Public Education Program. Oversees the Facili6es Management Unit which includes the management and maintenance of sixteen fire starions, a fire training site, and a building maintenance site; serves as project manager for the acquisition and construction of new buildings, and negotiates with other municipalities for the use of the City's fire trauiuig facility. Oversees the Bquipment Services unit which maintains over 500 Fire and Police Department vehicles; contracts with other jurisdicfions for vehicle mauitenance services; conducts an inspection program for taxi cab licensing. Oversees the Department Trnnung Unit which includes a new Fire Captain leadership prograzn. Serves on the Labor/Management Safety Committee. 0\- Typical Duties of the Assistant Chief in Charge of the Operations Division: Oversees the daily operations of the fire suppression forces for the Department of Fire and Safety services including three platoons, three districts, anZl sia�teen fire stations with various assigned fire suppression and emergency medicai sezvices teams. Provides leadership and direction for emergency response issues which are non fire related and consist o£ regional hazardous materials response for nineteen counties in the State of Miunesota; emergency medical response; advanced technical rescue; confined space rescue; ice/water rescue; and domestic terrorism. Serves on the Labor/Management Emergency Medical Services Committee. Serves as the Department liaison in regazd to emergency communications issues and the Police DepartmenYs Emergency Communicarions Center: Coordinates and negotiates all outside contracts far services with public and private agencies including the following: Fort Snelling (all properties); the University of Minnesota Saint Paul Caznpus; the State Fairgrounds; 3M-Maplewood; and emergency medical services for the City of Falcon Heights. Represents the Department on the State of Minnesota Advisory Committee for Hazardous Materials and Pipeline Safety, the State Public Safety Committee on the Fire Services, the State Fire Chief's Association Emergency Management Committee (co-chair), and the federally sponsored program for metrropolitan medical response system associated with response planning for weapons of mass deshuction associated with an event of terrorism. Co�►parisons City Davision Manager Positions The only other unclassified and non-represented pazamilitary division manager positions in the City wrth duties and responsibilities similaz to the Assistant Fire Chief positions are the Assistant Police Chief positions in the Police Deparnnent. These positions were recenfly upgracled to grade 31, from grade 28 of the Non-represented City Managers, Employee Group 17, Salary Schedule. This was done after a compensation study following restructuring in the Police Department including Yhe reduction of an Assistant Police Chief position, and the addition of new programs. There aze currently two Assistant Police Chief positions responsible for an average of 270 employees and budgets of approximately $18,860,000 each, thus giving the Assistant Police Chiefs a greater span of control, than the Assistaut Fire Chief positions. The Assistant Police Chief positions are different from the Assistant Fire Chief positions in that they manage their divisions with the assistance of an assigned executive officer at the Commander leveL These o � -a�4 positions also have an assigned administrative support position. The Assistant Fire Chief positions have no assigned executive support and they share adminis�ative support positions. The Assistant Fire Chief in Charge of the Operations Division is the position most similar to the Assistant Police Chief positions in regard to span of control. Other similaz departmentat division manager positions in the City are in the classified service and they are represented by the Saint Paul Supervisors Organization (SPSO). Classes such as Library Services Manager and Purchasing Systems Manager aze in SPSO grade 29. Assistant City Engineers, which aze the Public Works Department division managers, and the Water Utility Division Managers aze in SPSO grade 30. As division managers, these positions have a similar level of responsibility and span of control to that of the Assistant Fire Chief positions. • Internal Fire Supervisory Positions The Assistant Fire Chief positions supervise Fire Deputy Chiefs, the Fire Mazshall, the Fire Training Officer, and the Fire District Chiefs. These positions aze represented by the Fire Supervisory Association (FSA). Under the FSA contract, these positions are eligible to receive overtime compensation, either in pay or compensatory time, at a rate of one and one-half (1.5) times the normal rate. Also, Deputy Fire Chiefs and District Fire Chiefs, as a group, are guaranteed $97,417 in overtime compensation each yeaz to fill scheduled absences. The Assistant Fire Chief positions do not receive compensation, either in pay or compensatory time, for overtime worked. They oversee twenty-four hour operations and regularly work more than forty hours a week. A review of payroll records for the yeaz 2000, revealed that iwelve of the positions supervised by the Assistant Fire CYuefs earned more gross pay than the Assistant Fire Chiefs. One such position, eamed more gross pay than the Fire Chief. The current base pay differential between the Assistant Fire Chief posifions and the Deputy Fire Chiefs and the F'ire IVlarshall is 5.4%. The difference beiween the Assistant Fire Chiefs and 7he Fire Disfrict Chief and Fire Training Officer base pay is 14°/a. OES Evaluat�on and Anal� A new QES job evaluation was conducted based upon the current duties and responsibilities assigned to the three Assistant Fire Chief posi6ons. The changes made to the positions since 1996 were taken into consideration. The following QES factor level job evaluation changes were made: 1. For the Assistant Fire Chiefs in charge of the Human Services Division and the Support Services Division, the awazd for the Amount of Discrefion factor has increased from a level four to a level five. The incumbents in these positions, have been given very wide discretion in carrying ont the mission of the Department of Fire and Safety Services. In addition, in carrying out that mission, these positions aze required to develop new policies and procedures and be the primary authorities for review and interpretation of current Oi-��4 policies and procedures. This increases the awazd for the Impact On Policies and Procedures factor from a level four to a level five. In regazd to the factor of Hazards and Stress, the addirion of new programs and the decrease in subordinate supervisory and administrative staff has increased the amount of stress placed upon the positions. This increases the awazd for that factor from a regulazly encountered two to an occasionally encountered three. Also, these posirions must perform light physical work when responding to fire/and or emergency incidents on an occasional basis. This increases the awazd for the factor of Physical Effort from a level one to an occasional level two. The same is true for the award for the factor of Surroundings. These positions have to respond to fire and accidentscenes on an occasional basis and therefore,aze exposedto unpleasant surroundings. With the increased points assigned resuking from the new factor level awazds, the QES evaluarion supports changing the grade assigned to the Assistant Fire Chief in charge of the Human Services Division and the Assistant Fire Chief in charge of the Support Services Division from non-represented grade 28, to non-represented grade 30. 2. As to the Assistant Fire Clvef in charge of the Operations Division, that position would have the same factor awards as the other two Assistant Fire Chief positions with one exceprion. This posirion was awarded a level six instead of a level five for the factor of mental effort. This is because of the merital effort required by the position's responsibilities for management of both fire suppression and non fire related emergency response matters related to preventing disasters such as, regional hazazdous materials, emergency medical, rescues, and domestic tenorism. With the increased points assigned as previously mentioned for the other Assistant Chief positions, and the additional points assigned based upon the aforementioned factor award, the QES analysis of the Assistant Fire Chief in charge of the Operations Division supports assigxring the position to non-represented grade 31. Recommendatfon It is recommended that a resolution be introduced to the City Council placing the unciassified Assistant Fire Chief positions in grade 30 of the Non-represented City Managers Salary Schedule, Employee Group 17. It is also recommended that when an Assistant Fire Chief position is assigned, by the Fire Chief, °'Director of Emergency Management" responsibilities as defined by Chapter 13 of the CiTy of SainY Paul Legislative Code, that position should be compensated in grade 31 of the Non-represented City Managers Salary Schedule, Employee Group 17. Therefore, a part of the resolution introduced should contain a paragraph implementing that recommendation. By incorporating this into the resolution changing the rate of pay for the Assistant Fire Chief positions, this allows the Fire Chief flexibility in making organizational changes. It also allows for the appropriate compensation of the Assistant Fire Chief posirion that has been assigned such responsibiliries under the Fire Chief s authority as set forth in Chapter 9.01 of the Administrafive Code. G.VSharedULLiCOhIMON�SHOCKI,EY�Fire.ASttChief rpcwpd 0 �:.� - '� CITY bfANAGEIrfENT ANID ADbILti'ISTRATIO\ (57 To impersonate or to permit or aid another to imnersonate an applicant in registration. �Code 1936, § ?24.02) Sec. 12.03. V3olation; penaltc. 9n� person who shall violate any of the provi- sioa. of Lhis chapter shali be guilty of a misde- meanor. - - - (Code I9�o, § 42s.03} Chapter 13. Emergency 14Sanagement' Sec. 13.01. Policy and purQose. (a> Because of the existing and increasing pos- sibilitc of the occiL�-rence of disasterG of major size and dastzucticeness.and in order to ensure that prepazations of the CitS of Saint Paul w be adequate to dea! K such disasters, and gener- aily to proczde for the common defense and to protect the public peace, health and safety, and to preserve the lives and propertc of the people of the Citc of Saint Paul, it is hereby found and declazed to be necessary: il � To E�tablish a locai emergzncry• management agency. (2� To provide for the exercise of necessary po- v:ers durinp emergencies. _ (3) To provide for the rendering of mutual aicL' between the City of Saint Paul and other political subdicisions of the State of bSin- nesota and of other states, with respect to the carrying out of civil defense functions. (b) It is further declazed to be the purpose of this chapter and the policy of the City of Saint Paul that all emergency management functions of the City of Saint Paul be roordinated to the maximum extent practicable with the compara- ble functions of the federal government; of the State of Minnesota and other states and locali- Lies, and of private agencies of every Lype, to the end that the most e$'ective preparations and use may be made of the nation's manpower, resources and facilities for dealing with any disaster that may occur. (Code 1956, § 73.01) 'Editor's note—This ehapter is derived from Code 2956, § 3 73.01—?3.13, as ameaded by Ozd. No. 16782, adopted April 30, 1981. - 61-aoy § 13.0? Sec. Z3.02. Definitions of terms. For r:ne purposes of this chapter, the follo� �cords and ph:2�e=_ shall ha+e the meanings se= forth in thi section. eicept v;here the conEe� clearlc indicates that a different meanin�.i= intended. Ciri.'_dzfen;z emergency means an emergenc declazec bv tn= gose*nor under the l�Iiane,oc� Cicil Defense �ct of 19�1, LaR; 1901, Chapter 69=,Section 301 �Iinnesota Statute Section. Diaeszer mean� a situation which creates a= immediate and seriow impairment to the healt� and saietc of any person, or a situation which has resultec or is 1ik21c to result in catastrophic loss to prooerty, and for �vhich" traditional sources o_' relief and asaistance aze unable to repair or pre- cenc tne injun or loss. Emzrgenry means an unforeseen combinatio� of circcrostances a calls for immediate actio� to pre� a disaster from deceloping or occurring. Emer�ency forces meazu any personnel employec o�• the Citc of 6aint Paul and anc oLher voluntee- or paid membern of the local emergenrsr manage- ment a;encs en�a;ed in canying on emergenr mana�ement funetions in accordance with the prc- visions of this ehapter or any rule or orde= thereunder. Emzr�enev management or cit�il defense mean_ the p*eparation for and the carrying out of aL emer�encr functions, other than functions for whic� miIitarc forces aze primarilp responsible, to prE � ent, minimize and repair injury and damage rr sultin� from disasters, natural and man-made. These functions include, without limication, fire- fi;htin� sercices, police senzces, medical and healt: servicea, rescue, angineering, warning services_ rnmmunications, radiological, chemica2 and other special weapons defense, evacuation of person= from stricken areas, emergency welfare service=_ emergency transportation, existing or properlp a= signed functions of plant protection, temporar= restoration of public utilitp sen and other functions related to civiliaa protection, togethe- with all other actit-ities necessarp or ineidental tc prepazation for and carrying out of the foregoin= functions. _ tCode 1956, § 73.02) _ 163 o�-a�y LEGISL9TR°E CODE § 13.03 Sec. 13.03. Establishment o£ emergency man- agement agenc5. 'i'here i hereb� createc azthia tne City of Saint ?aul gocernment an em=rgencc mana�ement a�ency to be knoR as the dicision of emergencc :�aQera=r.*_ ihe*ein��zr: `"a_er.cc"'� ahich shali �e under tne suaen and control of a director ot e�erg_ncc mana=emer.t fhe:e;rafrer. "director'i. 3'he direcLOr shall haie direcc *�sponsibility for :he organization, administration and operation of the emergencc managemen: aeencc, subject to :he direction and control of the fire chief, pursu- ant to the Saint Paul :�dministrative Code, Sec- rion 9A1. The emergencr mangement agenc}y shall be organized, con,istent cczth state and local law-s, as the director deems necessarr to procide for the e&'icient performance of local emeraenc} manage- ment function; during an emeraEncy. (Code 19�6, � ;3.03� Sec. 13.04. Poccers and duries of the director. la) Reciprocal arrangements. The diiector, with the consent of the fue c4ief, shall represent thz Citp of Saint Paul on ans regionzl or state orga- nization for emergencc management. He shall de- velop proposed mutual aid aa eements with other political subdicisions ccit4in or outside the state for reciprocal emergency aid and assistance in an emergencr too ereat to be dealt nith unassisted. �and he shall present such ao eements to the fire chief for action and referral to the mayor and cit� counciI. Such a:-rangement; s4�ll b: cons;stent �cith the state emergenec management plan, and during an emergency it shall be the dut3• of the a;ency and emer;ency tnanagement forces to render �sistance in accordance with the provisions of such mutual aid arran�ement;. :�n}• mutual aid arrangement with a political subdi�zsion of an- other state shall be subject to the approval of the govemor. (b) Studies of resources, etc The direcfor shall make, for the fire chief, such studies and surveqs of Lhe manpower. industries, recources and facili- tie; oF the Citc of Saint Paul a; the chief deems necessax5• to determine their adequacy for emer- gencp management and to plan for their most efficient use in time of an emergency. (c)- Compreherzsic-e plara. The director shall pre- pare a comorehensiz e Qenera: plan for emergency nanagement of tae ci�c and shall present_such pian to tne fir6 cniei io* sap*oca: anci refesal to tae and cit� council ior a�oro�al. Gi�'hen ; e macor :.nd council b� reblutior: hace approved ;ne olzr, i_ snali oe E'P_c C�L'i�" OT 3; II11217C1P3I 2Qenciee and all Qnergeacc forces � t�e citp to ��e;._ _._e du:ie; zac r.:-: :oa_ >_' -ed bc the p:an � approced. ?'t_e plaa ms:: be �odified in :ike manner from time to cime. The direcior shall coordinate the emergencc mana_amen: activities of the citc, co the end thac they shsll be consistent and fully integrated u the emer�=ncc manage- ment plans of other politica] subdiri;ions within the state. td� Training and information programs. In ac- cordance w-ith the state and city emergency man- a�ement ptans, the fire chief, through the direc- cor. shall institute such training pro�rams and public information proa ams a^.d =ha11 take all ozner preparaton steps, including the partial or full mobilization of emergency mana�ement forces .- ad�:ance ef actus: disa_�er. as �ac be aeces- sarc to cne pronpt and etiectice operacion of tfie ci�c emergency �anagament pIan in time of an emergenc} He ma�, irom time to ti*ne, conduct such p�actice air raid aler; or other emergency � mana�ement exercises as he ma? deem necessary. �ei Utilize existing facilities. The d:rectar shall ccilze the per�onnel, sercices, equipmer.L, suppiies a-,d facilities oi �sisting departmea�; and agen- _ e� c,i �ra cicy �o tne masimur.. etcant practica- oie. She oiitcer; and personnei oi ail such depar� menc� and a;encies shall, to the maximum extent practicable. cooperate with and estend such ser- rices and facilities to the local emargency man- aaement agency and to the govemor upon request. _ The nead oi each deparcment and agency, in ca opera:ion uith and unrier the direction of the fue chief, through the director, shall be responsible for the plannino and programming of such emer- gencs management aciivities as «zll invoive the �citiz2tion of the facilities of his department or a,enc��. (fl Recruif colunteers. The fire chief, through the director, shalI, in caoperation with existing city departments and agencies affected, organize, 164 CITY hL9NAGE�fE?2f 2.1VD AD31Lti'ISTRATIO;I recruit and train au.eiliarc police, ausiliazy fire- men, eme: gency medical personnel and any other personnel that mac be required on a volunteer ba,is to carry ouc the eme:�encc managemeat glans of the cit} and the cin and state. To the eateat that such e�ergencc• pe:sonnzl aze recnuted co augment a re�ulzr city dzp�*��ent or agencc for cicil emergencies, they ::a'si be assigned to sucn deparcmenc or agencr ier puposes of admin- istration and command. The director may dismiss any emergency mana�ement � oiu,�teer at any time and require the surrender of any equipment and identification furnished bc the citc. (gl Emergerzcy facilifies. Consistent with the emergency mana�eme :t plan. tne n-e chief, through the director, shall pro�ide and equip emergency hospitals, casualtc stations, ambulances, canteens, evacuation centers, and other facilicies or coavey- ances for the caze of injured or homeless persons. (h) Gorernor's ordzrs, etc The director shall carry out all orders, rules and regulations issued by the govemor wzth reference to emezgencp man�ement (i) Coordinate operations. The director shall as- sist the fire chief in direction and coordination of the general operations of all iocal emergency man- agement forces durin� an er±=rgencw in confor- mitc with controlling r poulations and instructions of state emergencp managemenc authorities. The heads of de�artments and agencies shall be gov- erned by the fire chiefs orders in respect thereto. tj) Conbot center. Consiscent �eith the emergency management plan, the director shall provide and equio, at some suitable place in the city, a control center and, if required by the state emergency management an ausiliazR• control center to be used during an emergencc as headquarters for direction aad coordination of emergency manage- ment forces. Ae shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies authorized by federal or state authority to carty on emergency management activities during an emergency. He shall arrange for the installation at the control center of necessarc facilities for communication wzth and betK•een heads of emer- gency management dicisions,the stations and op- erating units of municipal service; and other agen- cies concemed with emergency management and o�-a�y $13.0� for co�munication �cith otrer communities and control eenters withir. the surroundina azea and �ith the federal and ��ate aQencies concemed. +''a Emz:genr. pouers. Dw-in� 2he fust thu2i �30� dacs of an emer�enc�•. if [he legislature is in sessien or the =oceno- has couoied his declaza- - �ior. of sr_ es=_raenc•: �:_h -s ca�? for a specia'_ �e�ion oi tae le�lacior.. tiie fire cnief may, when neces;arc to sace li`� or propen� require anc person, escept members of the federal or state militan forces and officers of the state or a politi- cal subdi�zsion. to perform ,en-ices for emergencc management purposes as he directs, and he mac commandeer, for the tivze being. any motar vehi- cle, toois, appliances or aap other property, sub- ject to the oa-ner's right to just compensation as pro�ided by la�r. {Code 19�6, § 73.04� Sea 13.05. General procisions on emergency maaagement u orkers. (a) Certain persons ezcluded oath. No person shall be emploced or associated in any capacity in - the emer�ency managemenc agenc,- x-ho advocates or ha; adcocated a enan�e bc force or ciolence in tre cro��icucionzl form oi oocemment of the United y �States or in this state or the orerthrow of any govemment in the United States by force or vio- lence, or who has been con�zcted of or is under indictment or information cnaz�ing any subver- sive act against the United States. Each person tcno is appointed to serre in tne emergency man- agement a;enc� shall, before entering upon his duties, take an oath in u7iting as prescribed by the �Iinnesota Civil Defense �ct of 19�1, Section 403 (�Iinne,ota Statuces, Seczion 12.43.) (b1 Use of volunteers. Emergency management volunteers shalr be called iato.service only in case of an emergency for cchich the regular mu- nicipal forces aze inadequate. or for necessary training and preparation for such emergencies. All colunteers shall sene w compensation. (ci Identi�^icationojcrotunteersEachemergency management colunteer shail be procided with such suitable insignia or other identifcation as may be required by the director. Such identification shall be in a form and style approced by the fed- eral go�•emment. No volunteer shall exercise any lfio § 13.05 ot-�`y LEGISLATNB CODE authoritc over the persons or property of others ccithoc� his ideatifrcation._\o p2rsan except an authoriz�d �oluntez: shall use the identification o: a�olunzeer or orlierwise represent to be an authorized colunteer: �Code 1956, § 73A5? Sec. i3.06. Emergency regularions. resolution at aac time. Ii not soo^er rescinded, ecer5 such regulaiion suall espire at the end of fon� �10� dacs a�er iu �ti=ctice d2�e or at the end of the.emer;enec to unich iz relates. whichecer occur� first. :'�nc ordinance, rule or regulation ineonsi_ a an emergencs rE�ulation ordered __bg L}12 II3�OT shall be swnendec d�-ing the pe- riod oi time and to the et :ra: scch confiict esiscs. (Code 1956, � 73.06) (a? lfaror mav promulgate regulations. VJhen- ecer aecessan to meet an emergency or to pre- paze for such an emergencc for �chich adequate regulations hace not been adopted by the gover- nor or the city councii, thz ma� may by execu- ti�•e order promulgate regulations. consistent �sith applicable federal or state la�r or regulation, re- spectiag: the sounding of alarm_; the conduct of perso*s and the use of propertc during alarm>; the repair, maintenance and safeguarding of es- sential public serrzces; emergencc health, fire and safet� regulations; trial drilis or practice periods required for preliminazy t*ainin�: and all other ma:ters �chic�: are required to protect public safe- ty, heaith and Keliare in emergencies. \o regula- tion gorerning observation of enemy aircraft, air attac'a alazms or illumination during air attacks shall be adopted or take effect unless approved by the state d'uector of emergency services. (b) Form of executice order and notice E�ery emergency regulation shall be in w�riting and signed - by the ma5or, shall be dated, shall refer to the particular emergency to �chich it pertains, if so limited, and shall be filed in the office of the city clerk, �chere a copy shall be kept posted and avail- able for public inspection durino business hours. Notice of the ezistence of such regulation and its availability for inspection at the clerk's office shall be consgicuously posted at the front of the city hall or other headquarters of the city snd at such other place, in the affected uea as the mayor shall designate in the executice order. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the order. By like prociamation the mayor may modify or rescind any such regulation. (c) Council ma,y_ rescznd; upiration date The city council may rescind any such regulation by Sec. 13.07. Report of activities. Tne director shall, aa soon as ooesible after the end of each fiscal year, prepaze aad present a conprehznsice report of the accivizizs oi the agency durino the peaz to the fire chief, �rho a submit such report to the macor and citr couaeil, for the informatior. of :he council and the public. lCode 1956, i 73A7) Sec. 13.08. Conformity and cooperation with federal and state authority. £.•en off'icer and agency of the cicc shali wop- erate «ith Fe�eral and state authorities and with authorized aoencies engaged in emergency man- agement and emergency measures to the fullest possible estent consistent with the performance of their other duties. The procisions of this chap- ter and of all re;ulations made thereunder shall be subject to all applicable and controlling provi- sions of federaI and state la5c= and of regulations and ordera issued thereunder and shalI be deemed� to be swpended and inoperatice so faz as there is anc conflict therewith. The chief o` police may appoint any qualified person holdina a position in anp agencc created under federal or state author= it} for emergency manasement purposes as a spe- cial police officer of the city �cith such police pa �cers and duties within the city incident to the Functions of his position, not esceeding those of a regular police officer of the city, as maq be pre- scribed in the appointment. Even such special police officer shall be s¢bject to the supervision and controi of the chief of police and such other police officers of the city as the chief of police may designate. (Code 1956, § 73.08) _ � o�-a�y CITY MANAGEME?ST AIQD AD31IIv"ISTR.ATION Sec. 13.09. Participation in labor dispute or po&tics. The er.�e: genc}- management agency shall not participa"te in any form of political activity, ner shall it be employed directly or indirectly for pa litical purposes, nor shall it be amployed ia a le- gisimate labor di;pute. - (Code 1956, § 73.09) Sec. 13.10. Custody of government property. The director of emergency management shall take custody, on behalf of said city, oF all proper- ties of any type or nature which aze owned by said city, loaned, given or donated to said city from any source, including the federal government and its agencies, which properties relate to the func- tions of tae division of emergency management; further, that while said properties are in the care, custody and control of said city and its division oF emergency management, the director shall be re- sponsible for said properties and may take such reasona6le acts as a2'e necessary to protect and conserve said properties. (Code 1956, § i3.10) > Sec. 13.11. Damage to emergency maaage•' ment property Any person who shall damage, steal, trespass on or cause any harm to properties of any type or nature under the care and custody oF the division of emergency management shall be guilty of a misdemeanor and punished accordingly. (Code 1938, § 73.119) ' Sec: 13.12. Whistles and warning devices. No unauthorized person shall operate-a siren, whistle or other audible device so as to simulate an attack or weather warning without the written permission oF the director of emergsncy manage- ment. This pro�zsion shall apply to all devices emitting sound which in the opinion of the di- rector aze closely identified vsith the sound for a "take cover" or "alert" warning. Emergency ve- hides of fire and police departments and ambu• lances aze escepted. (Code 1956, § ?3.12) Supp. Fo. 16 Sec. 13.13. Obeying directions. § 14.02 I?uring an emergencs eve_ry person shall obey all the lawfiii orders of regulaz or auxiliary nem- bers oF the poiice and fire departments of tne Ci� of Saint Paul and all other eersons having a spe- cific emergency management assignment and dis- playzno their o�cial identificztion. Code 1956, § 73.13! Chapter 14. Impoundmeat and Disposal of Abandoned Personal Property` Sec. 14.01. Purpose. (a? The city has become awaze of instances where personal groperty is found abandoned on public property within the city and also oF in- stances where pezson have failed to remove per- sonzl propem from public lands and buildings owed or controlled by the city. The council fmds that the continued presence of this personal prop- ercy causes inconvenience to the city and disrupts the delivery of necessary services and creates a nuisance and a risk to the city staff and other persons desiring to use the public preperty. Min- nesota Statute Section 471.195 suthorized the city to pass an ordinance providing for the custody and disposal of property coming into the lawful possession of the city in the course of municipal operations if the property remains unclaimed by the owner. - (b). The couneil herebq declazes its intention to minimize the impact of abandoned personal �rop- erty on the delivery of service to the citizens and to provide for a swift and efficient method for the disposal of the property. {Ord. No. 17848, § 1, 7-9-91) Sec. 14.02. Definitions. Abandoned: To relinquish or give up with the intent of not zesuming or claiming one's rights or interests in the personal propertY• Failure to re- cover personal property within sixtY (60} days after it is found on city property, or failure to remove � �C[099 refereaces—Abandoned vehieles generally, § 153.01 et seq.; public sale ot ahandoned vehicles. § 163.08. 167 o�-acy. 4 13.02 Z,EGISLATIVE CODE the prope.�y within sixty (fi0) days of being so chasing division may sell the property to the ordered, constitufi.es ahandonmer.t_ hiohe;t bidder at public auction or through a rnm- petii3ve solicitaiion process follov:� r<..asona`ule Persana,'. property: All gooc, cuatiels, money P��hed noiice. - ar.d effecss. (prd. IGo. 17845, § 1, 1-9-91) � O: d. 1� o. 17848, § 1, 7-9-9I? ' Sec. 14.�3. Abandoned penanal property -- It shall be illegal to abandon personsl propertY oa prope:ty owned by the city. Dispasition of this property is in the public interest and the method to be used is to impound the property snd dispose of it according to this chapter. (Ord. No. 17&48, § 1, 7-9•91) Sec 14.04. Process. (a) Vv'henever the head of any department may deem it in the best interests of the city, he or she may ozder the impounding of any abandoned per- senal properiy_located on city property. The de- partmeai head or his or her designee shaIl take reasonable steps to attempt to identify the awner oi tne property and, where the owner has been identifie3, issue a written notice to the owner that the city intends to impound the property. I£ no response is received with twenty (20) days of such notice, or no owner ean be identifie3, the depart- ment head or designee shall post a notice de- scribing the property in the o�ce of the city clerk and after frfteen (15) days issue an order im- pounding the property and then transmit a written request to the purchasing division to commence action to dispose of the property and attach copies of the impoundment order and any notices to the property o�vner. Sec. 14.Oa. lise of proceeds. The purchasing division sfiaii deduct any wsts incurred in the disposal process, including, but not limited to, the costs of providing notice, trans- portation, storage and advertising, from the pra ceeds oF the sale. The former owner shall have a right to payment of the sale price less all costs incurred, including statY time, upon application. and satisfactory proof of ownership within six (6) aonths of the sale. Excess revenues received and not claimed by the former owner sfiall be depos- ited in accordance with adopted budget policies. Where revenues xre not sufficient to recover dis- posal costs, sunc �osts shall be borne by the de- gartment initiating the impoundment or such other funds as may be designated by the city councii. The department may, at itn discretion, bill the owner for any costs which exceed the rev- . ---Qnues derived from disposal. - - -- - {Ord. No. 17848, § 1, 7-9-91) 5ec..'.14.06. Applicability. Thfs section shall not apply to personal prop- erty subject to sale under the provisions of Min- nesota Statutes Section 423.806. (Ord. No._17848, § 1, 7-9-91) - Chapters 15—17. Reserved (b) Upon receipt of a request, the purchasing -- division shall take reasonable steps to estimate the value of the item. The purchasing division - - shalI determine the appropriate method of dispa sition of the property, including, but not limited to, intemal use of the property within the city, legally disposing of the property, donatiag Lhe properi},or sale of the property either at public auction or cons4gnment. If the item has no value, ar if the estimated costs of disposing af the item would eaceed the estimated revenue to be made from disposal, the purchasing division may le- gally dispose of the property. If the item hes pa- _ tential value and bidders are available, the pur- Supp. No. 16 � (The next page is 2171 o�-��y § 7.05 � ADMLNISTRA'I4VE CODE � tained to the building inspec�Son and design division and was in either a civil or criminal proceeding, it derived from-0rd". No. 173az, adopted April 17, 19as. shall in no way be disposed of except upon a written order of a court o£ law. Sec. 7.Ofi� .Reserved. Editor's note—Secaon 7.06, pertaining to the division of manpowerprograms, was deIeted by Ord. No. 17104, adopted Feb. 7, 1984. Chapter 8. Department oF Police* Sec. S.OL Department established. There is hereby-established an executive depart- ment of the City of Saint Paul to be known as the police department. The head of such department shall be th�chief of police, who shall be appointed in accordance with the provisions of the City Chazter. � Sec. 8.02. Depaitmeatal functions. The depaztment shall perform the following functions: (1) Preserve the public peace, prevent crime, and detect and arrest offenders. (2) Administer and enforce laws regulating, di- recting, controlling and restricting the movement of vehicular and pedestrian traffic, and the general use of the streets by vehicles and the public. (3) Operate a training program to maintain and improve the efficiency of the members of the department. (4) Prepare reports on injuries to persons and property occurring by accident or other- wise on the streets, in alleys and other public places within the city as required by law. (5) Provide a procedure for the sale, destruc- tion or other disposition of all weapons or other articles used in the commission,of crime or coming into the custody of the de- partment; provided, that where such weapon or article may be used as evidence •Editor's note—This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; and Ord. No. 15337, adopted March 16, 1973. (6) Provide a procedure for the sale oF un- claimed, lost or stolen articles coming into the custody of the department. Sec. 5.03. Chief of police; powers and duties. The chief of police shall be appointed by the mayor with the consent o£ the council, in accor- dance with the provisions of the City Charter, and shall serve for the term spec� ed therein. The chief of police shall be accountable to the mayor and, subject to his supervision and control, shall ad- minister the affairs of the department. He shall have general authority and control over all de- partmental staff and shall oversee the proper ful- fillment of all tasks and duties assigned to the depaztrrcent. He shall have the power to prescribe such rules and regulations as he deems necessary or expedient £or the proper operation of the de- partment and to that end shall keep himself in- formed a£ the latest administrative practices. The chief of police shall have the power and duty to take all personnel actions, including hiring, as- signing and reassigning employees, including su- pervisory personnel, within his degartment and shall supervise their performance. Chapter 9. Department of Fire and Safety Services�' Sec. 9.01. Department generally. (a) Dep¢rtment est¢blished. There is hereby es- tablished an executive depaztment oP the City of Saint Paul to be known as the department of fire and safety services. The head of such department shall be the fire chief, who shall be appointed in accordance with the provisions of the City Charter and shall have such qualifications as the council may by ordinance provide. {b) Dep¢rtinental functions. The department shall be responsible for the establishment, main- tenance and administration of an organized tEditor's note—This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; Ord. No. 15426, adopted Aug. 3, 1973; and Ord. No. 16057, adopted Aug. b, 1976. Supp. No. 18 2420 o � -a��l GENERAL PROVISIONS method for fire fighting and fire prevention within the city, and shall perform the following func- tions: (1) Take all necessary steps for the egtinguish- ment of fires within the city, including uti- lization of ail necessary personnel and equipment therefor, the destruction of any building or structure and the removal of any obstruction for the purpose of checking or e�rt,inguishing any such fire. (2) Establish the location, relocation or removal of all public fue alarm boxes, (3) Possess the police powers necessary to carry out the duties unposed upon them by law, while engaged in the service of ffre extin- guishment. (4) Assist in the re-establishment of order in the event of civil disturbance, disaster or riot or any other declazed emergency. (5) Provide for and administer a program for the training of firefighters. (6) Maintain a record of all fires which occur within the city requiring the services of the department. (7) Carry out the terms and provisions of all fire service contracts entered into with other governmental subdivisions. (8) Investigate the causes of all fires and pro- vide for written reports of all suspected ar- sons. . (9) Possess the police powers necessary to cazry out the duties imposed upon them by law, while engaged in the service o£ fire protec- tion. QO) Inspect all buildings and structures as pro- vided for by the state fue code, and for the issuance and renewal of certificates of oc- cupancy. (11) Provide xescue and ambulance service. (c) Fzre chief,� powers and duties. The fire cluef shall be appointed by the mayor with the consent of the council and shall serve for a term of two (2) years, concurrent with that of the mayor. He shall be in the unclassified service of the city. The fue chief shall be accountable to the mayor and, sub- ject to his supervision and control, shall admin- � �o.o� ister t�e affairs of the department. He shall have generai authority and control over all depart- mental staff and shall oversee the proper fulfill- ment of all tasks and duties assigned to the de- partment. He shall have the power to prescribe such rules and regulations as he deems necessary or eacpedient for the proper operation o£ the de- partment and to that end shall keep himself in- formed of the latest administrative practices. The fire chief shall have the power and duty to take all personnel actions, including hiring, assigning and reassigning empioyees, including supervisory personnel, within his department and shall super- vise their performance. The fire chief shall be responsible for: (1) Coordination of all emergency prepared- ness functions of the city, compatible with the Functions of the Federal and state gov- ernments and adjacent political subdivi- sions. (2) Establishment o£ policies for effective use of manpower resources and £acilities to deal with any major natural disaster or nuciear incident. (3) Providing for emergency funetions to pre- vent and minimiae the effects of disasters on persons and providing for the emergency repair of damage to public facilities re- sulting from enemy attack, fire, flood, tor- nado, earthquake, or other natural causes. (Ord. No. 17920, § 1, 4-28-92) Chapter 10. Department of Planning and Economic Development* Sec. 10.01. Degartment generally. (a) Dep¢rtment est¢blished. There is hereby es- tablished an executive depaztment of the city to 'Editor's note—Ord. No. 17851, adopted July 9, 1991, amended the substanGve provisions of Ch. 10 of the Admin- istration Code as herein set out. Prior to the amendments effected by this ordinance, Ch. 10 pertained to similar subject matter and was derived from the following ordinances: p�, Ord. No. Sec. Date No. Sec. Date 1617& — 2-15-77 17241 — 5-23-55 16777 — 4- 2-81 17814 1-5 3-25-91 17104 —. 2- 7-84 � Supp. No. 18 2421 � i 0 R I G I N A L � �+ ����� °��a�lCouncil File # a�-ac.y Ks....�.1...� b. e„�.�.� w. S � Green Sheet # 62998 RESOLUTION � ieo� OF SAINT PAUL, MINNESOTA Presented Refened To Committee Date 1 2 � 3a An Adininistrative Resolution changing the rate of pay for positions in the Assistant Fire Chief class RESOLVED, that the compensation for the classification of Assistant Fire Chief be changed from that set forth in Grade 28, to that set forth in Crrade 30 of the Employee Crroup 17, Non-represented City Managers, Salary Schedule,and be it 8 FURTHER RESOLVED, that when, pursuant to Section 9.01 ofthe Saint Paul Administrative 9 Code, the Fire Chief assigns to a position in the Assistant Fire Chief class "Emergency Management 10 Director" responsibilities as defined in Chapter 13, Emergency Management, of the Saint Paul 11 Legislative Code, said position shall be compensated at the rate set forth in Grade 31 of the Employee 12 Group 17, Non-represented City Managers Salary Schedule, and be it 13 14 FINALLY RESOLVED, that the effective date of this resolution shall be the first pay period following its passage and approval. Requested by Department o£ Office Of Human Resources By: � Form Approved by City Attomey BY� � ��� ,0 ��` 3 � ('z� o t Approved by Mayor for Submission to Council By: .*_�R.� ���. \�-�-� Approved by Mayor: Date �V �� b�� By: �/�}'vty y �iL_� .i e - G:\Shared�FII2COMMON�SHOCKLEY�AsstFire.res.wpd By: Adopted by Council: Date �`� O� Adoption Certified by Council Secretary G Si DEPARTMENf/OFFKFJCOUNCIL: DATE I[iITIATID GREEN SHEET No.: 62998 Q, �71'L l Human Resources 03-07-01 CANTACf PERSON & PHONE: II�unnilnwlE PII7'WJDATE John Shockley 266-6482 �n�an�err nnc 3 � o� . cm'ooin,cn. ,vss[cr� xarcwrmnner 3'/2'd/ cmra.a�c MUSf BE ON COUNCII. AGENDA BY (DATE7 ���� H0717ING SFAVDIR PINAT�MLSH[V/ACCrt' As soon as possible oxn� � y/ ,� 1 � // 31/AYOR(ORA4G) � TOTAL # OF SIGNATURT+. PAGES_1 QCLiP ALL LOCATI6NS FOA SIGNAI'[1RE) ACfIONREQUESfID: Approval of a resolution clianging the rate of pay for the Assistant Fire Clrief class from grade 28, to grade 30 of the Non- represented City Managers, Employee Group T7, Salary Schedule and estabiishing the cate of pay for the Assistant Fire Chief position assigned "Emergency Managemern Director" responsibilities, as deSned by chapter 13 of the City of Saint Paul I.egislative Code, in grade 31 of the Non-represented City Managers, Employee Group 17, Salary Schedule . REQ�AA�NDAT[ONS:APP��(A)orReJect(A) �FA�'�G` PER80NALSERVICECONTRICISMUSTANSWF1tTHEFOLLOP7NGQUESI[ONS: � 69 1. Hnth'sP��evevakadwdeaoamnctforddsdepa�ent? _PI.ANNING COMI,qSSfON _p9 ���'g'�' " Ye No _CIDCOMhIlITEE eb��s� 2HrWepnaae/fvmmabnmaceYmploy'e^7 C1VII. SERViCE COMbIISS[ON � � Ye No q tW ��1 3. Doast66pe�wn/6rmpmenedillmemmal�YP�bSmY���Y�P�� _ nc P�.� i� t� � Yn No 'e x�"`�'�" 4. Lih'v�wdfvmetageledamdaR Ye No EipW� all pw uswen w xryrate s6eR aod �ltach to grcen aheet INCfIATING PROBLEM, ISSUE, OPPORTUNITY (R'6o, What, W6en, R'4ere, Nhy): Positions allocated to the Assistant Fire Chief ciass aze in the unclassified service. They are appointed by the Fire Clrief. There aze currently three positions. One is in charge of the Human Services Division, another is responsible for the Support Services Division, and another is in charge of the Operations Division. With the exception of the Assistant Fire Chief in charge of human reIations wlrich was established in 1995, these positions have not beea studied for appropriate compensation since ihe 1985 Compazable Worth Study. Beginning in 1995, there were four Assistant Chief positions. In 1996, one Assistant Chief position was pemianently eliminated and the duties were divided among the remaining positions: Also, since 1995, several positions have been eliminated from the Department that haue increased the duties and responsibilities of the r�+a�n;ng Assistant Fire Clrief positions. Seyeral District Fire Chief positions, the Emergency Prepazedness Coordinator, the Clrief Fire Investigator, two Administrative Assistants, one Management Assistam , and the Assistant Fire Mazshall l�ave been eluninated. Furthermore, last year, as a result of overtime provisions of the Fire Supervisors Association comract, there were twelve positions supervised by the Assistant Fire Cluef positions tbat received a]righer gross pay thau the Assistant Fire C6iefs., Therefore, the Fire chief has indicated tbat he is having problems recruiting and retaining employees in Assistant Fire ChieP positions �nd asked that Human Resources conduct a study of the positions in order to determine appropriate compensation. ADVANTAGESIFAPPROVED: Fquiiable cornpensation commensurate wiW the levet of dudes and responsibilities of the positions will be established. DISADVANTAGES IF APPROVID: None. Increased salary costs have been budgeted. DI$9TrVANTAGES IF NOT APPROVED: � Equitable compensation will not be established and continued difficuhy in maldng pemianent appointments may be realized• TOTAL AMOiJNf OF TRANSACt'ION: Appm�a4 tofal salary ix�eaK fw the Um Pa��� � 517,420 COST/REVENUE BL]DGEl'ID: FONDING SOURCE: AC71V1TY NUMBER: FINANCiAL INFORMATION: (ElTLAIN) G:VSha�edVIIZCOMMON�SHOCKI.E]�Asat.F've.Chief.g�n.afitwpd OFFICE OF INMAN RESOURCES Jo7m HamiUon, Di�ecmr CTTY OF SAINT PAUL Norm Coleman, Mayor TO: FROM: DATE: RE: Fire Chief, Tim Fuller John Shockley�� Sr. Human Resources Consultant March 5, 2001 400CityHa[ZAmtee 25 WutFonrJt Sbeet SaintPau4Minnesota 551 02-1 63 4 Assistant Fire Chief Deternvnation and 20 Day Notice Telephone: TDD/LZY.' JobGne: Fac.nmile: I�Ophon: Y Option: o i -a-�y 651-2666500 651-266-6501 651-266-6502 65I-292-7035 651-292-�656 As you requested, we have compieted our study of the three positions allocated to the unclassified Assistant Fire Chief ciass. The purpose of the study was to detemune appropriate compensation. We reviewed current job information, organizationai charts, payroll information, the City Charter and the Legislative Code. Comparisons were made with other City division manager positions, and Department ofFire and Safety Services supervisory positions. We conducted interviews with yourself and the incumbents. We also evaluated the positions using the QE5 job evaluation system. Based upon the aforementioned information, we have detemrined the following: l. Positions appointed to the unclassified Assistant Fire Chief class should be compensated in Non-represented grade 30, of the Employee Group 17, Salary Schedule, instead of the cunent grade 28. Tlus deternvnation is based upon organizational changes that have occurred since 1996. These changes have increased the duties and responsibilities of the current positions. Positions such as the Assistant Fire Chief in chazge of the Administrative Aivision, the Emergency Preparedness Coordinator, the Chief Fire Investigator, the Assistant Fire Marshall, two Administrative Assistant positions, a Management Assistant, and several District Fire Chief positions, haue been eliminated. Some of the duties and responsibilities of these positions have been assumed by the Assistant Fire Chief positions. Also, the Assistant Fire Chief posirions have been given greater responsibility for long range planning and more discretion in developing and implementing the vision and mission of the Department. It should also be noted that a review of last yeaz's payroll records revealed that twelve of the positions supervised by the Assistant Fire Chief positions earned more gross pay. This is because those positions aze represented by the Fire Supervisory Associarion and therefore, were eligible for overtime pay. The Assistant Fire Chief positions do not receive overtime compensation. However they do oversee twenty-four hour operations and regvlarly work more than 40 hours a week. 2. The Assistant Fire Chief position that is assigned by the Fire Chief to perform "Director of Emergency ManagemenY' duties as defined in Chapter 13 of the Legislative o�-a�y Code should be assigned to Non-represented grade 31, of the Employee Group 1'7, Satary Schedule. This is because of the additional responsibilities of the assignment wirich includes leadership, direction and coordination of emergency response efforts in the event of catastrophic accidents, natural disasters, or terrorist acts. Please notify me within 2Q days if you have any objections or wish to discuss this action. My phone number is (651) 266-6482. If I do not hear from you within 20 days, I will assume agreement and I will proceed with the process_ If there are no objections, I will process a resolution establishing the new pay rates. Following passage and approval of the resolution, the Office Human Resources will work with Fire Payroll personnel in implementing the pay changes. JS I hereby waive the time remaining on this 20 day notice for the purpose of changing the rate of pay for the Assistant Fire Chief ciass. Name Date G:�Shared�HI2CAMI ssCFueCh�d det20.uyd c � -3�y CLASSIFICATION AND COMPENSATION STUDY REPORT CLASS STUDIED: Assistant Fue Chief DATE STUDIED: December 2000, by 7.H. Shockley PERSONS CONTACTED: Fire Chief, Timothy K. Fuller Assistant Fue Chief, Alan Bataglia Assistant Fue Chief, Anthony Carter Assistant Fire Chief, Gary Olding Background Positions allocated to the Assistant Fire Chief class are in the unclassified service. The incumbents aze appointed by the Fire Chief. They are not represented by a bargaining unit, and they serve at tbe will and pleasure of the F�re Chief. They aze part of Employee Group 17, the Non-represented City Managers. The positions aze assigned to pay grade 28 of the Employee Group 17, Salary Schedule. These positions are the division managers in the Department of Fire and Safety Services. With the exception of the Assistant Fire Chief in charge of human relations, which was established in the beginning of 1995, for the purpase of unproving employee relafions, recnxitrnent and retention, coznmunity relations, and diversity, these positions were last studied for appropriate compensation in 1985, as part of the City's Comparable Worth Study. Consequently, with the addition oi the Assistant Fire Chief for human relations, there were four Assistant Fire Chief positions in 1995. This included one responsible for administration, one responsible for operations, and one responsible for support services. Beginning in 1996, one Assistant Fire Chief position was permanently eliminated from the budget. This was the adminisrtative division head. That division's program responsibilifies were divided among the remaining positions. Also, since 1995, the deparkment has eliminated severai supervisory and adnuuistrative positions that have affected the duties and responsibiliries of the three remaining Assistant Fire Chief positions. The positions eliminated were, the Emexgency Preparedness Coordinator, the Chief Fire Investigator, the Assistant Fire Mazshall, two Administrarive Assistants, one Management Assistant, and several District Fire Chief positions. In 2000, one major program responsibility, the Fire Emergency Communications unit was transferred to the Police Department. This unit was previously under the Assistant Fire Chief who managed the Operations Division. However, that APPROVAL OF THE DIRECTOR OF f1UMAN RESOURCES o�-���t Assistaut Cluef position still works with the Polic� Department Assistant Chief responsible for the Emezgency Communications Center by representing the Depaztment of Fire and Safety Services emergency communications interests in the program's provision of emergency medical and fire suppression services. The three current Assistant Chiefs are now responsible for management of the Department of Fire and Safety Services' Operations Division, the Support Services Division, and the Human Services Division. These positions, through a labor/ management cooperarive approach, aze responsible for the coordination of ail functions for a department that consists of 461 employees with an annual budget of $39,275,215. The changes made in the Department since 1996, with the reduction in the aforementioned positions, the subsequent restructuring of the department, the evolufion of new programs and projects, and the addition of laborfmanagement cooperative efforts, have added duties and responsibilities to the e�sting Assistant Fire Chief posifions that were not considered in previous compensation studies. For example, the negotiation and administration of contracts with businesses and other municipalities for the provision of fire suppression and fire prevention services has been added to the Assistant Chief in charge of the Support Services Division and the Assistant Fire Chief in chazge of the Operations I3ivision. The coordination of a nineteen county regional hazardous materials response program, and increased management and control responsibilities in relationship to federal disaster and terrorism response requirements have been added to the Assistant Cluef in charge of the Operations Division. Increased responsibility for labor relations matters, and community outreach programs have been added to the Assistant Chief in charge of the Human Services Division. All of the Assistant Fue Chief positions ate on call and have increased command responsibility in the event of significant fires and other incidents because of the reducfion in the number of District Fire Chief positions. This is especially true for the Assistant Fire Chief in chazge of the Operations Division. The Fire Chief has requested that the Office of Human Resources conduct a compensation study of these positions. Traditionally, the Assistant Fire Chief positions are filled from the deparGmenYs chief officer ranks. The candidates typically have many years of experience in the fire service including management and administrative training and experience. Most haue college and technical degrees with course wark in fire science, public and/or business administration, or engineering. The Fire Chief has indicated that he is having difficulty recruiting and retaining employees in these posifions. In some cases, the Assistant Fire Chief positions supervise employees who earn a higher overall salary. This is because such employees aze repxesented by a bazgaining unit and aze eligible fox overtime payment that is guaranteed by union contract. _ A similaz situation was recently faced by the Police Department. o� -3�y Study Comnonents Review of job changes and organizational charts Interview with Fire Chief Interviews with the current incwnbents Comparison to similaz positions Review of e�sting Job Profiles and payroll information Quantitative Evaluation System (QES) analysis and recommendation Review of City Charter and Legislative Code Posifion Descri tions These positions perform highly responsible managerial work in providing leadership and overall command direction to the Divisions of Human Services, Support Services, and Operarions of the Departrnent of Fire and Safety Services. These positions work under the general administrative supervision of the Fire Chief. They exercise general and command supervision directly and indirectly over Deputy Fire Chiefs, the Fire Mazshall, the Emexgency Pazamedical Services Chief, Fire District Chiefs, the Chief Fire Training Officer, Assistant Fire Training Officers, Fire Investigators, Fire Captains, Fire Equipment Operators, Fue Fightezs, and civilian employees. 'd'he typical duties that are common to all of the Assistant Fire Chief posit�ons are: Directs the functions of the Human Services Division, the Support Services Division, or the Operations Division on a twenty-four hour basis. Participates in the development of strategic and long range planning for the Department as a member ofthe DepartmenYs strategic planning committee, including developing the mission, vision and values of the Department; directs the development and evaluation of sirategic and long range plam�ing for the division in conjuncrion with the mission and vision of the Departsnent of Fire and Safery Services. Develops and oversees the implementation of division performance standards that support the mission and vision of the division and the Department of Fire and Safety Services. Participates in the prepazation and monitoring of the Department of Fire and Safety Services budget; oversees assigned division budget development and coordination activities; maintains division services within the approved budget. Authorizes the allocation of resources; reviews and approves individual unit plans and proposals; determines division staffing leveis. . o � -a�y Develops and oversees the implementation of division policies and procedures. Directs, supervises, assigns, and evaluates the work of division staf�including authorizing overtime, hiring, transfer, suspension, promotion, discipline, and other related supervisory functions. Commands major fire scenes, emergeneies and other incidents on a twenty-four hour basis as needed. Investigates complaints regazding division services or stafF. Inspects and reviews facilities, staff, and equipment for conformance with division and Department of Fire and Safety Services policies, procedures, rules, and regulafions. Represents management as a member of the Department of Fire and Safety Services Labor/Management Committee. Represents and/or assumes the duties and responsibilities of the Fire Chief when so designated. Typical dufies of the Assistant Chief in Charge of the I3uman Services Div�sion: Serves as the DepartmenYs liaison witl� the OfFice of Auman Resources, including vacancy detemunation, examination development as subject matter expert, and certification process monitoring. Serves as the Department's liaison with the Office of Affirmative Action, nicluding coordination of recruitment, hiring and retenrion of protected class employees, ensuring dissemination and compliance with the Ciry's AJorkplace Conduct Policy, training of employees in harassment prevention, and participation in the investigation of alleged violations of the Workplace Conduct Policy. Serves as the DepartmenPs contact with the Office of Labor Relations including participation in bargaining unit contract negotiations, azbitration preparation, disciplinary actions, strike planning, and general dispute resolution. Works with the City Attorney's Office in conjunction with State and Federal Court procedures, EEOC complaints, and Civil Service Hearings; responds to subpoenas, serves as an expert witness, provides depositions and requested informafion. Coordinates Workers Compensation issues with the City's Risk Management Division including manitoring workers compensation expenditures, and ensuring compliance with OSHA mandates. 0 01-u4 Serves as a member of the Deparhnent's Information Management Systems Team and oversees the activities of the employees of the City's Information Services Division who aze assigned to meet the Departments information management needs. Oversees the Department's community outreach programs including Fire Explorers, parade participarion, block clubs, and community festivals. Oversees the Department's wellness and physical fitness program. Coordinates the Department's mentoring program with division managers including ensuring the availability of additional training when a need has been deternriued so that employees can successfully complete the apprenticeslup program, continue employment, and prepaze for promotional testing. Provides conflict resolution services and training. Serves on the Labor/Management Diversity Committee. Typical Duties of the Assistant Fire Chief in charge of the Support Services Division. Oversees the activifies of the Fire Investigation Unit which investigates the origin of fires including azson investigations. Oversees the activiries of the Fire Prevention Unit which includes the Residential and Commercial Certificate of Occupancy program inspections, the inspecrion of fire sprinkler systems, the participa6on in the problem properties task force, and the Fire Prevention Public Education Program. Oversees the Facili6es Management Unit which includes the management and maintenance of sixteen fire starions, a fire training site, and a building maintenance site; serves as project manager for the acquisition and construction of new buildings, and negotiates with other municipalities for the use of the City's fire trauiuig facility. Oversees the Bquipment Services unit which maintains over 500 Fire and Police Department vehicles; contracts with other jurisdicfions for vehicle mauitenance services; conducts an inspection program for taxi cab licensing. Oversees the Department Trnnung Unit which includes a new Fire Captain leadership prograzn. Serves on the Labor/Management Safety Committee. 0\- Typical Duties of the Assistant Chief in Charge of the Operations Division: Oversees the daily operations of the fire suppression forces for the Department of Fire and Safety services including three platoons, three districts, anZl sia�teen fire stations with various assigned fire suppression and emergency medicai sezvices teams. Provides leadership and direction for emergency response issues which are non fire related and consist o£ regional hazardous materials response for nineteen counties in the State of Miunesota; emergency medical response; advanced technical rescue; confined space rescue; ice/water rescue; and domestic terrorism. Serves on the Labor/Management Emergency Medical Services Committee. Serves as the Department liaison in regazd to emergency communications issues and the Police DepartmenYs Emergency Communicarions Center: Coordinates and negotiates all outside contracts far services with public and private agencies including the following: Fort Snelling (all properties); the University of Minnesota Saint Paul Caznpus; the State Fairgrounds; 3M-Maplewood; and emergency medical services for the City of Falcon Heights. Represents the Department on the State of Minnesota Advisory Committee for Hazardous Materials and Pipeline Safety, the State Public Safety Committee on the Fire Services, the State Fire Chief's Association Emergency Management Committee (co-chair), and the federally sponsored program for metrropolitan medical response system associated with response planning for weapons of mass deshuction associated with an event of terrorism. Co�►parisons City Davision Manager Positions The only other unclassified and non-represented pazamilitary division manager positions in the City wrth duties and responsibilities similaz to the Assistant Fire Chief positions are the Assistant Police Chief positions in the Police Deparnnent. These positions were recenfly upgracled to grade 31, from grade 28 of the Non-represented City Managers, Employee Group 17, Salary Schedule. This was done after a compensation study following restructuring in the Police Department including Yhe reduction of an Assistant Police Chief position, and the addition of new programs. There aze currently two Assistant Police Chief positions responsible for an average of 270 employees and budgets of approximately $18,860,000 each, thus giving the Assistant Police Chiefs a greater span of control, than the Assistaut Fire Chief positions. The Assistant Police Chief positions are different from the Assistant Fire Chief positions in that they manage their divisions with the assistance of an assigned executive officer at the Commander leveL These o � -a�4 positions also have an assigned administrative support position. The Assistant Fire Chief positions have no assigned executive support and they share adminis�ative support positions. The Assistant Fire Chief in Charge of the Operations Division is the position most similar to the Assistant Police Chief positions in regard to span of control. Other similaz departmentat division manager positions in the City are in the classified service and they are represented by the Saint Paul Supervisors Organization (SPSO). Classes such as Library Services Manager and Purchasing Systems Manager aze in SPSO grade 29. Assistant City Engineers, which aze the Public Works Department division managers, and the Water Utility Division Managers aze in SPSO grade 30. As division managers, these positions have a similar level of responsibility and span of control to that of the Assistant Fire Chief positions. • Internal Fire Supervisory Positions The Assistant Fire Chief positions supervise Fire Deputy Chiefs, the Fire Mazshall, the Fire Training Officer, and the Fire District Chiefs. These positions aze represented by the Fire Supervisory Association (FSA). Under the FSA contract, these positions are eligible to receive overtime compensation, either in pay or compensatory time, at a rate of one and one-half (1.5) times the normal rate. Also, Deputy Fire Chiefs and District Fire Chiefs, as a group, are guaranteed $97,417 in overtime compensation each yeaz to fill scheduled absences. The Assistant Fire Chief positions do not receive compensation, either in pay or compensatory time, for overtime worked. They oversee twenty-four hour operations and regularly work more than forty hours a week. A review of payroll records for the yeaz 2000, revealed that iwelve of the positions supervised by the Assistant Fire CYuefs earned more gross pay than the Assistant Fire Chiefs. One such position, eamed more gross pay than the Fire Chief. The current base pay differential between the Assistant Fire Chief posifions and the Deputy Fire Chiefs and the F'ire IVlarshall is 5.4%. The difference beiween the Assistant Fire Chiefs and 7he Fire Disfrict Chief and Fire Training Officer base pay is 14°/a. OES Evaluat�on and Anal� A new QES job evaluation was conducted based upon the current duties and responsibilities assigned to the three Assistant Fire Chief posi6ons. The changes made to the positions since 1996 were taken into consideration. The following QES factor level job evaluation changes were made: 1. For the Assistant Fire Chiefs in charge of the Human Services Division and the Support Services Division, the awazd for the Amount of Discrefion factor has increased from a level four to a level five. The incumbents in these positions, have been given very wide discretion in carrying ont the mission of the Department of Fire and Safety Services. In addition, in carrying out that mission, these positions aze required to develop new policies and procedures and be the primary authorities for review and interpretation of current Oi-��4 policies and procedures. This increases the awazd for the Impact On Policies and Procedures factor from a level four to a level five. In regazd to the factor of Hazards and Stress, the addirion of new programs and the decrease in subordinate supervisory and administrative staff has increased the amount of stress placed upon the positions. This increases the awazd for that factor from a regulazly encountered two to an occasionally encountered three. Also, these posirions must perform light physical work when responding to fire/and or emergency incidents on an occasional basis. This increases the awazd for the factor of Physical Effort from a level one to an occasional level two. The same is true for the award for the factor of Surroundings. These positions have to respond to fire and accidentscenes on an occasional basis and therefore,aze exposedto unpleasant surroundings. With the increased points assigned resuking from the new factor level awazds, the QES evaluarion supports changing the grade assigned to the Assistant Fire Chief in charge of the Human Services Division and the Assistant Fire Chief in charge of the Support Services Division from non-represented grade 28, to non-represented grade 30. 2. As to the Assistant Fire Clvef in charge of the Operations Division, that position would have the same factor awards as the other two Assistant Fire Chief positions with one exceprion. This posirion was awarded a level six instead of a level five for the factor of mental effort. This is because of the merital effort required by the position's responsibilities for management of both fire suppression and non fire related emergency response matters related to preventing disasters such as, regional hazazdous materials, emergency medical, rescues, and domestic tenorism. With the increased points assigned as previously mentioned for the other Assistant Chief positions, and the additional points assigned based upon the aforementioned factor award, the QES analysis of the Assistant Fire Chief in charge of the Operations Division supports assigxring the position to non-represented grade 31. Recommendatfon It is recommended that a resolution be introduced to the City Council placing the unciassified Assistant Fire Chief positions in grade 30 of the Non-represented City Managers Salary Schedule, Employee Group 17. It is also recommended that when an Assistant Fire Chief position is assigned, by the Fire Chief, °'Director of Emergency Management" responsibilities as defined by Chapter 13 of the CiTy of SainY Paul Legislative Code, that position should be compensated in grade 31 of the Non-represented City Managers Salary Schedule, Employee Group 17. Therefore, a part of the resolution introduced should contain a paragraph implementing that recommendation. By incorporating this into the resolution changing the rate of pay for the Assistant Fire Chief positions, this allows the Fire Chief flexibility in making organizational changes. It also allows for the appropriate compensation of the Assistant Fire Chief posirion that has been assigned such responsibiliries under the Fire Chief s authority as set forth in Chapter 9.01 of the Administrafive Code. G.VSharedULLiCOhIMON�SHOCKI,EY�Fire.ASttChief rpcwpd 0 �:.� - '� CITY bfANAGEIrfENT ANID ADbILti'ISTRATIO\ (57 To impersonate or to permit or aid another to imnersonate an applicant in registration. �Code 1936, § ?24.02) Sec. 12.03. V3olation; penaltc. 9n� person who shall violate any of the provi- sioa. of Lhis chapter shali be guilty of a misde- meanor. - - - (Code I9�o, § 42s.03} Chapter 13. Emergency 14Sanagement' Sec. 13.01. Policy and purQose. (a> Because of the existing and increasing pos- sibilitc of the occiL�-rence of disasterG of major size and dastzucticeness.and in order to ensure that prepazations of the CitS of Saint Paul w be adequate to dea! K such disasters, and gener- aily to proczde for the common defense and to protect the public peace, health and safety, and to preserve the lives and propertc of the people of the Citc of Saint Paul, it is hereby found and declazed to be necessary: il � To E�tablish a locai emergzncry• management agency. (2� To provide for the exercise of necessary po- v:ers durinp emergencies. _ (3) To provide for the rendering of mutual aicL' between the City of Saint Paul and other political subdicisions of the State of bSin- nesota and of other states, with respect to the carrying out of civil defense functions. (b) It is further declazed to be the purpose of this chapter and the policy of the City of Saint Paul that all emergency management functions of the City of Saint Paul be roordinated to the maximum extent practicable with the compara- ble functions of the federal government; of the State of Minnesota and other states and locali- Lies, and of private agencies of every Lype, to the end that the most e$'ective preparations and use may be made of the nation's manpower, resources and facilities for dealing with any disaster that may occur. (Code 1956, § 73.01) 'Editor's note—This ehapter is derived from Code 2956, § 3 73.01—?3.13, as ameaded by Ozd. No. 16782, adopted April 30, 1981. - 61-aoy § 13.0? Sec. Z3.02. Definitions of terms. For r:ne purposes of this chapter, the follo� �cords and ph:2�e=_ shall ha+e the meanings se= forth in thi section. eicept v;here the conEe� clearlc indicates that a different meanin�.i= intended. Ciri.'_dzfen;z emergency means an emergenc declazec bv tn= gose*nor under the l�Iiane,oc� Cicil Defense �ct of 19�1, LaR; 1901, Chapter 69=,Section 301 �Iinnesota Statute Section. Diaeszer mean� a situation which creates a= immediate and seriow impairment to the healt� and saietc of any person, or a situation which has resultec or is 1ik21c to result in catastrophic loss to prooerty, and for �vhich" traditional sources o_' relief and asaistance aze unable to repair or pre- cenc tne injun or loss. Emzrgenry means an unforeseen combinatio� of circcrostances a calls for immediate actio� to pre� a disaster from deceloping or occurring. Emer�ency forces meazu any personnel employec o�• the Citc of 6aint Paul and anc oLher voluntee- or paid membern of the local emergenrsr manage- ment a;encs en�a;ed in canying on emergenr mana�ement funetions in accordance with the prc- visions of this ehapter or any rule or orde= thereunder. Emzr�enev management or cit�il defense mean_ the p*eparation for and the carrying out of aL emer�encr functions, other than functions for whic� miIitarc forces aze primarilp responsible, to prE � ent, minimize and repair injury and damage rr sultin� from disasters, natural and man-made. These functions include, without limication, fire- fi;htin� sercices, police senzces, medical and healt: servicea, rescue, angineering, warning services_ rnmmunications, radiological, chemica2 and other special weapons defense, evacuation of person= from stricken areas, emergency welfare service=_ emergency transportation, existing or properlp a= signed functions of plant protection, temporar= restoration of public utilitp sen and other functions related to civiliaa protection, togethe- with all other actit-ities necessarp or ineidental tc prepazation for and carrying out of the foregoin= functions. _ tCode 1956, § 73.02) _ 163 o�-a�y LEGISL9TR°E CODE § 13.03 Sec. 13.03. Establishment o£ emergency man- agement agenc5. 'i'here i hereb� createc azthia tne City of Saint ?aul gocernment an em=rgencc mana�ement a�ency to be knoR as the dicision of emergencc :�aQera=r.*_ ihe*ein��zr: `"a_er.cc"'� ahich shali �e under tne suaen and control of a director ot e�erg_ncc mana=emer.t fhe:e;rafrer. "director'i. 3'he direcLOr shall haie direcc *�sponsibility for :he organization, administration and operation of the emergencc managemen: aeencc, subject to :he direction and control of the fire chief, pursu- ant to the Saint Paul :�dministrative Code, Sec- rion 9A1. The emergencr mangement agenc}y shall be organized, con,istent cczth state and local law-s, as the director deems necessarr to procide for the e&'icient performance of local emeraenc} manage- ment function; during an emeraEncy. (Code 19�6, � ;3.03� Sec. 13.04. Poccers and duries of the director. la) Reciprocal arrangements. The diiector, with the consent of the fue c4ief, shall represent thz Citp of Saint Paul on ans regionzl or state orga- nization for emergencc management. He shall de- velop proposed mutual aid aa eements with other political subdicisions ccit4in or outside the state for reciprocal emergency aid and assistance in an emergencr too ereat to be dealt nith unassisted. �and he shall present such ao eements to the fire chief for action and referral to the mayor and cit� counciI. Such a:-rangement; s4�ll b: cons;stent �cith the state emergenec management plan, and during an emergency it shall be the dut3• of the a;ency and emer;ency tnanagement forces to render �sistance in accordance with the provisions of such mutual aid arran�ement;. :�n}• mutual aid arrangement with a political subdi�zsion of an- other state shall be subject to the approval of the govemor. (b) Studies of resources, etc The direcfor shall make, for the fire chief, such studies and surveqs of Lhe manpower. industries, recources and facili- tie; oF the Citc of Saint Paul a; the chief deems necessax5• to determine their adequacy for emer- gencp management and to plan for their most efficient use in time of an emergency. (c)- Compreherzsic-e plara. The director shall pre- pare a comorehensiz e Qenera: plan for emergency nanagement of tae ci�c and shall present_such pian to tne fir6 cniei io* sap*oca: anci refesal to tae and cit� council ior a�oro�al. Gi�'hen ; e macor :.nd council b� reblutior: hace approved ;ne olzr, i_ snali oe E'P_c C�L'i�" OT 3; II11217C1P3I 2Qenciee and all Qnergeacc forces � t�e citp to ��e;._ _._e du:ie; zac r.:-: :oa_ >_' -ed bc the p:an � approced. ?'t_e plaa ms:: be �odified in :ike manner from time to cime. The direcior shall coordinate the emergencc mana_amen: activities of the citc, co the end thac they shsll be consistent and fully integrated u the emer�=ncc manage- ment plans of other politica] subdiri;ions within the state. td� Training and information programs. In ac- cordance w-ith the state and city emergency man- a�ement ptans, the fire chief, through the direc- cor. shall institute such training pro�rams and public information proa ams a^.d =ha11 take all ozner preparaton steps, including the partial or full mobilization of emergency mana�ement forces .- ad�:ance ef actus: disa_�er. as �ac be aeces- sarc to cne pronpt and etiectice operacion of tfie ci�c emergency �anagament pIan in time of an emergenc} He ma�, irom time to ti*ne, conduct such p�actice air raid aler; or other emergency � mana�ement exercises as he ma? deem necessary. �ei Utilize existing facilities. The d:rectar shall ccilze the per�onnel, sercices, equipmer.L, suppiies a-,d facilities oi �sisting departmea�; and agen- _ e� c,i �ra cicy �o tne masimur.. etcant practica- oie. She oiitcer; and personnei oi ail such depar� menc� and a;encies shall, to the maximum extent practicable. cooperate with and estend such ser- rices and facilities to the local emargency man- aaement agency and to the govemor upon request. _ The nead oi each deparcment and agency, in ca opera:ion uith and unrier the direction of the fue chief, through the director, shall be responsible for the plannino and programming of such emer- gencs management aciivities as «zll invoive the �citiz2tion of the facilities of his department or a,enc��. (fl Recruif colunteers. The fire chief, through the director, shalI, in caoperation with existing city departments and agencies affected, organize, 164 CITY hL9NAGE�fE?2f 2.1VD AD31Lti'ISTRATIO;I recruit and train au.eiliarc police, ausiliazy fire- men, eme: gency medical personnel and any other personnel that mac be required on a volunteer ba,is to carry ouc the eme:�encc managemeat glans of the cit} and the cin and state. To the eateat that such e�ergencc• pe:sonnzl aze recnuted co augment a re�ulzr city dzp�*��ent or agencc for cicil emergencies, they ::a'si be assigned to sucn deparcmenc or agencr ier puposes of admin- istration and command. The director may dismiss any emergency mana�ement � oiu,�teer at any time and require the surrender of any equipment and identification furnished bc the citc. (gl Emergerzcy facilifies. Consistent with the emergency mana�eme :t plan. tne n-e chief, through the director, shall pro�ide and equip emergency hospitals, casualtc stations, ambulances, canteens, evacuation centers, and other facilicies or coavey- ances for the caze of injured or homeless persons. (h) Gorernor's ordzrs, etc The director shall carry out all orders, rules and regulations issued by the govemor wzth reference to emezgencp man�ement (i) Coordinate operations. The director shall as- sist the fire chief in direction and coordination of the general operations of all iocal emergency man- agement forces durin� an er±=rgencw in confor- mitc with controlling r poulations and instructions of state emergencp managemenc authorities. The heads of de�artments and agencies shall be gov- erned by the fire chiefs orders in respect thereto. tj) Conbot center. Consiscent �eith the emergency management plan, the director shall provide and equio, at some suitable place in the city, a control center and, if required by the state emergency management an ausiliazR• control center to be used during an emergencc as headquarters for direction aad coordination of emergency manage- ment forces. Ae shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies authorized by federal or state authority to carty on emergency management activities during an emergency. He shall arrange for the installation at the control center of necessarc facilities for communication wzth and betK•een heads of emer- gency management dicisions,the stations and op- erating units of municipal service; and other agen- cies concemed with emergency management and o�-a�y $13.0� for co�munication �cith otrer communities and control eenters withir. the surroundina azea and �ith the federal and ��ate aQencies concemed. +''a Emz:genr. pouers. Dw-in� 2he fust thu2i �30� dacs of an emer�enc�•. if [he legislature is in sessien or the =oceno- has couoied his declaza- - �ior. of sr_ es=_raenc•: �:_h -s ca�? for a specia'_ �e�ion oi tae le�lacior.. tiie fire cnief may, when neces;arc to sace li`� or propen� require anc person, escept members of the federal or state militan forces and officers of the state or a politi- cal subdi�zsion. to perform ,en-ices for emergencc management purposes as he directs, and he mac commandeer, for the tivze being. any motar vehi- cle, toois, appliances or aap other property, sub- ject to the oa-ner's right to just compensation as pro�ided by la�r. {Code 19�6, § 73.04� Sea 13.05. General procisions on emergency maaagement u orkers. (a) Certain persons ezcluded oath. No person shall be emploced or associated in any capacity in - the emer�ency managemenc agenc,- x-ho advocates or ha; adcocated a enan�e bc force or ciolence in tre cro��icucionzl form oi oocemment of the United y �States or in this state or the orerthrow of any govemment in the United States by force or vio- lence, or who has been con�zcted of or is under indictment or information cnaz�ing any subver- sive act against the United States. Each person tcno is appointed to serre in tne emergency man- agement a;enc� shall, before entering upon his duties, take an oath in u7iting as prescribed by the �Iinnesota Civil Defense �ct of 19�1, Section 403 (�Iinne,ota Statuces, Seczion 12.43.) (b1 Use of volunteers. Emergency management volunteers shalr be called iato.service only in case of an emergency for cchich the regular mu- nicipal forces aze inadequate. or for necessary training and preparation for such emergencies. All colunteers shall sene w compensation. (ci Identi�^icationojcrotunteersEachemergency management colunteer shail be procided with such suitable insignia or other identifcation as may be required by the director. Such identification shall be in a form and style approced by the fed- eral go�•emment. No volunteer shall exercise any lfio § 13.05 ot-�`y LEGISLATNB CODE authoritc over the persons or property of others ccithoc� his ideatifrcation._\o p2rsan except an authoriz�d �oluntez: shall use the identification o: a�olunzeer or orlierwise represent to be an authorized colunteer: �Code 1956, § 73A5? Sec. i3.06. Emergency regularions. resolution at aac time. Ii not soo^er rescinded, ecer5 such regulaiion suall espire at the end of fon� �10� dacs a�er iu �ti=ctice d2�e or at the end of the.emer;enec to unich iz relates. whichecer occur� first. :'�nc ordinance, rule or regulation ineonsi_ a an emergencs rE�ulation ordered __bg L}12 II3�OT shall be swnendec d�-ing the pe- riod oi time and to the et :ra: scch confiict esiscs. (Code 1956, � 73.06) (a? lfaror mav promulgate regulations. VJhen- ecer aecessan to meet an emergency or to pre- paze for such an emergencc for �chich adequate regulations hace not been adopted by the gover- nor or the city councii, thz ma� may by execu- ti�•e order promulgate regulations. consistent �sith applicable federal or state la�r or regulation, re- spectiag: the sounding of alarm_; the conduct of perso*s and the use of propertc during alarm>; the repair, maintenance and safeguarding of es- sential public serrzces; emergencc health, fire and safet� regulations; trial drilis or practice periods required for preliminazy t*ainin�: and all other ma:ters �chic�: are required to protect public safe- ty, heaith and Keliare in emergencies. \o regula- tion gorerning observation of enemy aircraft, air attac'a alazms or illumination during air attacks shall be adopted or take effect unless approved by the state d'uector of emergency services. (b) Form of executice order and notice E�ery emergency regulation shall be in w�riting and signed - by the ma5or, shall be dated, shall refer to the particular emergency to �chich it pertains, if so limited, and shall be filed in the office of the city clerk, �chere a copy shall be kept posted and avail- able for public inspection durino business hours. Notice of the ezistence of such regulation and its availability for inspection at the clerk's office shall be consgicuously posted at the front of the city hall or other headquarters of the city snd at such other place, in the affected uea as the mayor shall designate in the executice order. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the order. By like prociamation the mayor may modify or rescind any such regulation. (c) Council ma,y_ rescznd; upiration date The city council may rescind any such regulation by Sec. 13.07. Report of activities. Tne director shall, aa soon as ooesible after the end of each fiscal year, prepaze aad present a conprehznsice report of the accivizizs oi the agency durino the peaz to the fire chief, �rho a submit such report to the macor and citr couaeil, for the informatior. of :he council and the public. lCode 1956, i 73A7) Sec. 13.08. Conformity and cooperation with federal and state authority. £.•en off'icer and agency of the cicc shali wop- erate «ith Fe�eral and state authorities and with authorized aoencies engaged in emergency man- agement and emergency measures to the fullest possible estent consistent with the performance of their other duties. The procisions of this chap- ter and of all re;ulations made thereunder shall be subject to all applicable and controlling provi- sions of federaI and state la5c= and of regulations and ordera issued thereunder and shalI be deemed� to be swpended and inoperatice so faz as there is anc conflict therewith. The chief o` police may appoint any qualified person holdina a position in anp agencc created under federal or state author= it} for emergency manasement purposes as a spe- cial police officer of the city �cith such police pa �cers and duties within the city incident to the Functions of his position, not esceeding those of a regular police officer of the city, as maq be pre- scribed in the appointment. Even such special police officer shall be s¢bject to the supervision and controi of the chief of police and such other police officers of the city as the chief of police may designate. (Code 1956, § 73.08) _ � o�-a�y CITY MANAGEME?ST AIQD AD31IIv"ISTR.ATION Sec. 13.09. Participation in labor dispute or po&tics. The er.�e: genc}- management agency shall not participa"te in any form of political activity, ner shall it be employed directly or indirectly for pa litical purposes, nor shall it be amployed ia a le- gisimate labor di;pute. - (Code 1956, § 73.09) Sec. 13.10. Custody of government property. The director of emergency management shall take custody, on behalf of said city, oF all proper- ties of any type or nature which aze owned by said city, loaned, given or donated to said city from any source, including the federal government and its agencies, which properties relate to the func- tions of tae division of emergency management; further, that while said properties are in the care, custody and control of said city and its division oF emergency management, the director shall be re- sponsible for said properties and may take such reasona6le acts as a2'e necessary to protect and conserve said properties. (Code 1956, § i3.10) > Sec. 13.11. Damage to emergency maaage•' ment property Any person who shall damage, steal, trespass on or cause any harm to properties of any type or nature under the care and custody oF the division of emergency management shall be guilty of a misdemeanor and punished accordingly. (Code 1938, § 73.119) ' Sec: 13.12. Whistles and warning devices. No unauthorized person shall operate-a siren, whistle or other audible device so as to simulate an attack or weather warning without the written permission oF the director of emergsncy manage- ment. This pro�zsion shall apply to all devices emitting sound which in the opinion of the di- rector aze closely identified vsith the sound for a "take cover" or "alert" warning. Emergency ve- hides of fire and police departments and ambu• lances aze escepted. (Code 1956, § ?3.12) Supp. Fo. 16 Sec. 13.13. Obeying directions. § 14.02 I?uring an emergencs eve_ry person shall obey all the lawfiii orders of regulaz or auxiliary nem- bers oF the poiice and fire departments of tne Ci� of Saint Paul and all other eersons having a spe- cific emergency management assignment and dis- playzno their o�cial identificztion. Code 1956, § 73.13! Chapter 14. Impoundmeat and Disposal of Abandoned Personal Property` Sec. 14.01. Purpose. (a? The city has become awaze of instances where personal groperty is found abandoned on public property within the city and also oF in- stances where pezson have failed to remove per- sonzl propem from public lands and buildings owed or controlled by the city. The council fmds that the continued presence of this personal prop- ercy causes inconvenience to the city and disrupts the delivery of necessary services and creates a nuisance and a risk to the city staff and other persons desiring to use the public preperty. Min- nesota Statute Section 471.195 suthorized the city to pass an ordinance providing for the custody and disposal of property coming into the lawful possession of the city in the course of municipal operations if the property remains unclaimed by the owner. - (b). The couneil herebq declazes its intention to minimize the impact of abandoned personal �rop- erty on the delivery of service to the citizens and to provide for a swift and efficient method for the disposal of the property. {Ord. No. 17848, § 1, 7-9-91) Sec. 14.02. Definitions. Abandoned: To relinquish or give up with the intent of not zesuming or claiming one's rights or interests in the personal propertY• Failure to re- cover personal property within sixtY (60} days after it is found on city property, or failure to remove � �C[099 refereaces—Abandoned vehieles generally, § 153.01 et seq.; public sale ot ahandoned vehicles. § 163.08. 167 o�-acy. 4 13.02 Z,EGISLATIVE CODE the prope.�y within sixty (fi0) days of being so chasing division may sell the property to the ordered, constitufi.es ahandonmer.t_ hiohe;t bidder at public auction or through a rnm- petii3ve solicitaiion process follov:� r<..asona`ule Persana,'. property: All gooc, cuatiels, money P��hed noiice. - ar.d effecss. (prd. IGo. 17845, § 1, 1-9-91) � O: d. 1� o. 17848, § 1, 7-9-9I? ' Sec. 14.�3. Abandoned penanal property -- It shall be illegal to abandon personsl propertY oa prope:ty owned by the city. Dispasition of this property is in the public interest and the method to be used is to impound the property snd dispose of it according to this chapter. (Ord. No. 17&48, § 1, 7-9•91) Sec 14.04. Process. (a) Vv'henever the head of any department may deem it in the best interests of the city, he or she may ozder the impounding of any abandoned per- senal properiy_located on city property. The de- partmeai head or his or her designee shaIl take reasonable steps to attempt to identify the awner oi tne property and, where the owner has been identifie3, issue a written notice to the owner that the city intends to impound the property. I£ no response is received with twenty (20) days of such notice, or no owner ean be identifie3, the depart- ment head or designee shall post a notice de- scribing the property in the o�ce of the city clerk and after frfteen (15) days issue an order im- pounding the property and then transmit a written request to the purchasing division to commence action to dispose of the property and attach copies of the impoundment order and any notices to the property o�vner. Sec. 14.Oa. lise of proceeds. The purchasing division sfiaii deduct any wsts incurred in the disposal process, including, but not limited to, the costs of providing notice, trans- portation, storage and advertising, from the pra ceeds oF the sale. The former owner shall have a right to payment of the sale price less all costs incurred, including statY time, upon application. and satisfactory proof of ownership within six (6) aonths of the sale. Excess revenues received and not claimed by the former owner sfiall be depos- ited in accordance with adopted budget policies. Where revenues xre not sufficient to recover dis- posal costs, sunc �osts shall be borne by the de- gartment initiating the impoundment or such other funds as may be designated by the city councii. The department may, at itn discretion, bill the owner for any costs which exceed the rev- . ---Qnues derived from disposal. - - -- - {Ord. No. 17848, § 1, 7-9-91) 5ec..'.14.06. Applicability. Thfs section shall not apply to personal prop- erty subject to sale under the provisions of Min- nesota Statutes Section 423.806. (Ord. No._17848, § 1, 7-9-91) - Chapters 15—17. Reserved (b) Upon receipt of a request, the purchasing -- division shall take reasonable steps to estimate the value of the item. The purchasing division - - shalI determine the appropriate method of dispa sition of the property, including, but not limited to, intemal use of the property within the city, legally disposing of the property, donatiag Lhe properi},or sale of the property either at public auction or cons4gnment. If the item has no value, ar if the estimated costs of disposing af the item would eaceed the estimated revenue to be made from disposal, the purchasing division may le- gally dispose of the property. If the item hes pa- _ tential value and bidders are available, the pur- Supp. No. 16 � (The next page is 2171 o�-��y § 7.05 � ADMLNISTRA'I4VE CODE � tained to the building inspec�Son and design division and was in either a civil or criminal proceeding, it derived from-0rd". No. 173az, adopted April 17, 19as. shall in no way be disposed of except upon a written order of a court o£ law. Sec. 7.Ofi� .Reserved. Editor's note—Secaon 7.06, pertaining to the division of manpowerprograms, was deIeted by Ord. No. 17104, adopted Feb. 7, 1984. Chapter 8. Department oF Police* Sec. S.OL Department established. There is hereby-established an executive depart- ment of the City of Saint Paul to be known as the police department. The head of such department shall be th�chief of police, who shall be appointed in accordance with the provisions of the City Chazter. � Sec. 8.02. Depaitmeatal functions. The depaztment shall perform the following functions: (1) Preserve the public peace, prevent crime, and detect and arrest offenders. (2) Administer and enforce laws regulating, di- recting, controlling and restricting the movement of vehicular and pedestrian traffic, and the general use of the streets by vehicles and the public. (3) Operate a training program to maintain and improve the efficiency of the members of the department. (4) Prepare reports on injuries to persons and property occurring by accident or other- wise on the streets, in alleys and other public places within the city as required by law. (5) Provide a procedure for the sale, destruc- tion or other disposition of all weapons or other articles used in the commission,of crime or coming into the custody of the de- partment; provided, that where such weapon or article may be used as evidence •Editor's note—This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; and Ord. No. 15337, adopted March 16, 1973. (6) Provide a procedure for the sale oF un- claimed, lost or stolen articles coming into the custody of the department. Sec. 5.03. Chief of police; powers and duties. The chief of police shall be appointed by the mayor with the consent o£ the council, in accor- dance with the provisions of the City Charter, and shall serve for the term spec� ed therein. The chief of police shall be accountable to the mayor and, subject to his supervision and control, shall ad- minister the affairs of the department. He shall have general authority and control over all de- partmental staff and shall oversee the proper ful- fillment of all tasks and duties assigned to the depaztrrcent. He shall have the power to prescribe such rules and regulations as he deems necessary or expedient £or the proper operation of the de- partment and to that end shall keep himself in- formed a£ the latest administrative practices. The chief of police shall have the power and duty to take all personnel actions, including hiring, as- signing and reassigning employees, including su- pervisory personnel, within his degartment and shall supervise their performance. Chapter 9. Department of Fire and Safety Services�' Sec. 9.01. Department generally. (a) Dep¢rtment est¢blished. There is hereby es- tablished an executive depaztment oP the City of Saint Paul to be known as the department of fire and safety services. The head of such department shall be the fire chief, who shall be appointed in accordance with the provisions of the City Charter and shall have such qualifications as the council may by ordinance provide. {b) Dep¢rtinental functions. The department shall be responsible for the establishment, main- tenance and administration of an organized tEditor's note—This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; Ord. No. 15426, adopted Aug. 3, 1973; and Ord. No. 16057, adopted Aug. b, 1976. Supp. No. 18 2420 o � -a��l GENERAL PROVISIONS method for fire fighting and fire prevention within the city, and shall perform the following func- tions: (1) Take all necessary steps for the egtinguish- ment of fires within the city, including uti- lization of ail necessary personnel and equipment therefor, the destruction of any building or structure and the removal of any obstruction for the purpose of checking or e�rt,inguishing any such fire. (2) Establish the location, relocation or removal of all public fue alarm boxes, (3) Possess the police powers necessary to carry out the duties unposed upon them by law, while engaged in the service of ffre extin- guishment. (4) Assist in the re-establishment of order in the event of civil disturbance, disaster or riot or any other declazed emergency. (5) Provide for and administer a program for the training of firefighters. (6) Maintain a record of all fires which occur within the city requiring the services of the department. (7) Carry out the terms and provisions of all fire service contracts entered into with other governmental subdivisions. (8) Investigate the causes of all fires and pro- vide for written reports of all suspected ar- sons. . (9) Possess the police powers necessary to cazry out the duties imposed upon them by law, while engaged in the service o£ fire protec- tion. QO) Inspect all buildings and structures as pro- vided for by the state fue code, and for the issuance and renewal of certificates of oc- cupancy. (11) Provide xescue and ambulance service. (c) Fzre chief,� powers and duties. The fire cluef shall be appointed by the mayor with the consent of the council and shall serve for a term of two (2) years, concurrent with that of the mayor. He shall be in the unclassified service of the city. The fue chief shall be accountable to the mayor and, sub- ject to his supervision and control, shall admin- � �o.o� ister t�e affairs of the department. He shall have generai authority and control over all depart- mental staff and shall oversee the proper fulfill- ment of all tasks and duties assigned to the de- partment. He shall have the power to prescribe such rules and regulations as he deems necessary or eacpedient for the proper operation o£ the de- partment and to that end shall keep himself in- formed of the latest administrative practices. The fire chief shall have the power and duty to take all personnel actions, including hiring, assigning and reassigning empioyees, including supervisory personnel, within his department and shall super- vise their performance. The fire chief shall be responsible for: (1) Coordination of all emergency prepared- ness functions of the city, compatible with the Functions of the Federal and state gov- ernments and adjacent political subdivi- sions. (2) Establishment o£ policies for effective use of manpower resources and £acilities to deal with any major natural disaster or nuciear incident. (3) Providing for emergency funetions to pre- vent and minimiae the effects of disasters on persons and providing for the emergency repair of damage to public facilities re- sulting from enemy attack, fire, flood, tor- nado, earthquake, or other natural causes. (Ord. No. 17920, § 1, 4-28-92) Chapter 10. Department of Planning and Economic Development* Sec. 10.01. Degartment generally. (a) Dep¢rtment est¢blished. There is hereby es- tablished an executive depaztment of the city to 'Editor's note—Ord. No. 17851, adopted July 9, 1991, amended the substanGve provisions of Ch. 10 of the Admin- istration Code as herein set out. Prior to the amendments effected by this ordinance, Ch. 10 pertained to similar subject matter and was derived from the following ordinances: p�, Ord. No. Sec. Date No. Sec. Date 1617& — 2-15-77 17241 — 5-23-55 16777 — 4- 2-81 17814 1-5 3-25-91 17104 —. 2- 7-84 � Supp. No. 18 2421 � i 0 R I G I N A L � �+ ����� °��a�lCouncil File # a�-ac.y Ks....�.1...� b. e„�.�.� w. S � Green Sheet # 62998 RESOLUTION � ieo� OF SAINT PAUL, MINNESOTA Presented Refened To Committee Date 1 2 � 3a An Adininistrative Resolution changing the rate of pay for positions in the Assistant Fire Chief class RESOLVED, that the compensation for the classification of Assistant Fire Chief be changed from that set forth in Grade 28, to that set forth in Crrade 30 of the Employee Crroup 17, Non-represented City Managers, Salary Schedule,and be it 8 FURTHER RESOLVED, that when, pursuant to Section 9.01 ofthe Saint Paul Administrative 9 Code, the Fire Chief assigns to a position in the Assistant Fire Chief class "Emergency Management 10 Director" responsibilities as defined in Chapter 13, Emergency Management, of the Saint Paul 11 Legislative Code, said position shall be compensated at the rate set forth in Grade 31 of the Employee 12 Group 17, Non-represented City Managers Salary Schedule, and be it 13 14 FINALLY RESOLVED, that the effective date of this resolution shall be the first pay period following its passage and approval. Requested by Department o£ Office Of Human Resources By: � Form Approved by City Attomey BY� � ��� ,0 ��` 3 � ('z� o t Approved by Mayor for Submission to Council By: .*_�R.� ���. \�-�-� Approved by Mayor: Date �V �� b�� By: �/�}'vty y �iL_� .i e - G:\Shared�FII2COMMON�SHOCKLEY�AsstFire.res.wpd By: Adopted by Council: Date �`� O� Adoption Certified by Council Secretary G Si DEPARTMENf/OFFKFJCOUNCIL: DATE I[iITIATID GREEN SHEET No.: 62998 Q, �71'L l Human Resources 03-07-01 CANTACf PERSON & PHONE: II�unnilnwlE PII7'WJDATE John Shockley 266-6482 �n�an�err nnc 3 � o� . cm'ooin,cn. ,vss[cr� xarcwrmnner 3'/2'd/ cmra.a�c MUSf BE ON COUNCII. AGENDA BY (DATE7 ���� H0717ING SFAVDIR PINAT�MLSH[V/ACCrt' As soon as possible oxn� � y/ ,� 1 � // 31/AYOR(ORA4G) � TOTAL # OF SIGNATURT+. PAGES_1 QCLiP ALL LOCATI6NS FOA SIGNAI'[1RE) ACfIONREQUESfID: Approval of a resolution clianging the rate of pay for the Assistant Fire Clrief class from grade 28, to grade 30 of the Non- represented City Managers, Employee Group T7, Salary Schedule and estabiishing the cate of pay for the Assistant Fire Chief position assigned "Emergency Managemern Director" responsibilities, as deSned by chapter 13 of the City of Saint Paul I.egislative Code, in grade 31 of the Non-represented City Managers, Employee Group 17, Salary Schedule . REQ�AA�NDAT[ONS:APP��(A)orReJect(A) �FA�'�G` PER80NALSERVICECONTRICISMUSTANSWF1tTHEFOLLOP7NGQUESI[ONS: � 69 1. Hnth'sP��evevakadwdeaoamnctforddsdepa�ent? _PI.ANNING COMI,qSSfON _p9 ���'g'�' " Ye No _CIDCOMhIlITEE eb��s� 2HrWepnaae/fvmmabnmaceYmploy'e^7 C1VII. SERViCE COMbIISS[ON � � Ye No q tW ��1 3. Doast66pe�wn/6rmpmenedillmemmal�YP�bSmY���Y�P�� _ nc P�.� i� t� � Yn No 'e x�"`�'�" 4. Lih'v�wdfvmetageledamdaR Ye No EipW� all pw uswen w xryrate s6eR aod �ltach to grcen aheet INCfIATING PROBLEM, ISSUE, OPPORTUNITY (R'6o, What, W6en, R'4ere, Nhy): Positions allocated to the Assistant Fire Chief ciass aze in the unclassified service. They are appointed by the Fire Clrief. There aze currently three positions. One is in charge of the Human Services Division, another is responsible for the Support Services Division, and another is in charge of the Operations Division. With the exception of the Assistant Fire Chief in charge of human reIations wlrich was established in 1995, these positions have not beea studied for appropriate compensation since ihe 1985 Compazable Worth Study. Beginning in 1995, there were four Assistant Chief positions. In 1996, one Assistant Chief position was pemianently eliminated and the duties were divided among the remaining positions: Also, since 1995, several positions have been eliminated from the Department that haue increased the duties and responsibilities of the r�+a�n;ng Assistant Fire Clrief positions. Seyeral District Fire Chief positions, the Emergency Prepazedness Coordinator, the Clrief Fire Investigator, two Administrative Assistants, one Management Assistam , and the Assistant Fire Mazshall l�ave been eluninated. Furthermore, last year, as a result of overtime provisions of the Fire Supervisors Association comract, there were twelve positions supervised by the Assistant Fire Cluef positions tbat received a]righer gross pay thau the Assistant Fire C6iefs., Therefore, the Fire chief has indicated tbat he is having problems recruiting and retaining employees in Assistant Fire ChieP positions �nd asked that Human Resources conduct a study of the positions in order to determine appropriate compensation. ADVANTAGESIFAPPROVED: Fquiiable cornpensation commensurate wiW the levet of dudes and responsibilities of the positions will be established. DISADVANTAGES IF APPROVID: None. Increased salary costs have been budgeted. DI$9TrVANTAGES IF NOT APPROVED: � Equitable compensation will not be established and continued difficuhy in maldng pemianent appointments may be realized• TOTAL AMOiJNf OF TRANSACt'ION: Appm�a4 tofal salary ix�eaK fw the Um Pa��� � 517,420 COST/REVENUE BL]DGEl'ID: FONDING SOURCE: AC71V1TY NUMBER: FINANCiAL INFORMATION: (ElTLAIN) G:VSha�edVIIZCOMMON�SHOCKI.E]�Asat.F've.Chief.g�n.afitwpd OFFICE OF INMAN RESOURCES Jo7m HamiUon, Di�ecmr CTTY OF SAINT PAUL Norm Coleman, Mayor TO: FROM: DATE: RE: Fire Chief, Tim Fuller John Shockley�� Sr. Human Resources Consultant March 5, 2001 400CityHa[ZAmtee 25 WutFonrJt Sbeet SaintPau4Minnesota 551 02-1 63 4 Assistant Fire Chief Deternvnation and 20 Day Notice Telephone: TDD/LZY.' JobGne: Fac.nmile: I�Ophon: Y Option: o i -a-�y 651-2666500 651-266-6501 651-266-6502 65I-292-7035 651-292-�656 As you requested, we have compieted our study of the three positions allocated to the unclassified Assistant Fire Chief ciass. The purpose of the study was to detemune appropriate compensation. We reviewed current job information, organizationai charts, payroll information, the City Charter and the Legislative Code. Comparisons were made with other City division manager positions, and Department ofFire and Safety Services supervisory positions. We conducted interviews with yourself and the incumbents. We also evaluated the positions using the QE5 job evaluation system. Based upon the aforementioned information, we have detemrined the following: l. Positions appointed to the unclassified Assistant Fire Chief class should be compensated in Non-represented grade 30, of the Employee Group 17, Salary Schedule, instead of the cunent grade 28. Tlus deternvnation is based upon organizational changes that have occurred since 1996. These changes have increased the duties and responsibilities of the current positions. Positions such as the Assistant Fire Chief in chazge of the Administrative Aivision, the Emergency Preparedness Coordinator, the Chief Fire Investigator, the Assistant Fire Marshall, two Administrative Assistant positions, a Management Assistant, and several District Fire Chief positions, haue been eliminated. Some of the duties and responsibilities of these positions have been assumed by the Assistant Fire Chief positions. Also, the Assistant Fire Chief posirions have been given greater responsibility for long range planning and more discretion in developing and implementing the vision and mission of the Department. It should also be noted that a review of last yeaz's payroll records revealed that twelve of the positions supervised by the Assistant Fire Chief positions earned more gross pay. This is because those positions aze represented by the Fire Supervisory Associarion and therefore, were eligible for overtime pay. The Assistant Fire Chief positions do not receive overtime compensation. However they do oversee twenty-four hour operations and regvlarly work more than 40 hours a week. 2. The Assistant Fire Chief position that is assigned by the Fire Chief to perform "Director of Emergency ManagemenY' duties as defined in Chapter 13 of the Legislative o�-a�y Code should be assigned to Non-represented grade 31, of the Employee Group 1'7, Satary Schedule. This is because of the additional responsibilities of the assignment wirich includes leadership, direction and coordination of emergency response efforts in the event of catastrophic accidents, natural disasters, or terrorist acts. Please notify me within 2Q days if you have any objections or wish to discuss this action. My phone number is (651) 266-6482. If I do not hear from you within 20 days, I will assume agreement and I will proceed with the process_ If there are no objections, I will process a resolution establishing the new pay rates. Following passage and approval of the resolution, the Office Human Resources will work with Fire Payroll personnel in implementing the pay changes. JS I hereby waive the time remaining on this 20 day notice for the purpose of changing the rate of pay for the Assistant Fire Chief ciass. Name Date G:�Shared�HI2CAMI ssCFueCh�d det20.uyd c � -3�y CLASSIFICATION AND COMPENSATION STUDY REPORT CLASS STUDIED: Assistant Fue Chief DATE STUDIED: December 2000, by 7.H. Shockley PERSONS CONTACTED: Fire Chief, Timothy K. Fuller Assistant Fue Chief, Alan Bataglia Assistant Fue Chief, Anthony Carter Assistant Fire Chief, Gary Olding Background Positions allocated to the Assistant Fire Chief class are in the unclassified service. The incumbents aze appointed by the Fire Chief. They are not represented by a bargaining unit, and they serve at tbe will and pleasure of the F�re Chief. They aze part of Employee Group 17, the Non-represented City Managers. The positions aze assigned to pay grade 28 of the Employee Group 17, Salary Schedule. These positions are the division managers in the Department of Fire and Safety Services. With the exception of the Assistant Fire Chief in charge of human relations, which was established in the beginning of 1995, for the purpase of unproving employee relafions, recnxitrnent and retention, coznmunity relations, and diversity, these positions were last studied for appropriate compensation in 1985, as part of the City's Comparable Worth Study. Consequently, with the addition oi the Assistant Fire Chief for human relations, there were four Assistant Fire Chief positions in 1995. This included one responsible for administration, one responsible for operations, and one responsible for support services. Beginning in 1996, one Assistant Fire Chief position was permanently eliminated from the budget. This was the adminisrtative division head. That division's program responsibilifies were divided among the remaining positions. Also, since 1995, the deparkment has eliminated severai supervisory and adnuuistrative positions that have affected the duties and responsibiliries of the three remaining Assistant Fire Chief positions. The positions eliminated were, the Emexgency Preparedness Coordinator, the Chief Fire Investigator, the Assistant Fire Mazshall, two Administrarive Assistants, one Management Assistant, and several District Fire Chief positions. In 2000, one major program responsibility, the Fire Emergency Communications unit was transferred to the Police Department. This unit was previously under the Assistant Fire Chief who managed the Operations Division. However, that APPROVAL OF THE DIRECTOR OF f1UMAN RESOURCES o�-���t Assistaut Cluef position still works with the Polic� Department Assistant Chief responsible for the Emezgency Communications Center by representing the Depaztment of Fire and Safety Services emergency communications interests in the program's provision of emergency medical and fire suppression services. The three current Assistant Chiefs are now responsible for management of the Department of Fire and Safety Services' Operations Division, the Support Services Division, and the Human Services Division. These positions, through a labor/ management cooperarive approach, aze responsible for the coordination of ail functions for a department that consists of 461 employees with an annual budget of $39,275,215. The changes made in the Department since 1996, with the reduction in the aforementioned positions, the subsequent restructuring of the department, the evolufion of new programs and projects, and the addition of laborfmanagement cooperative efforts, have added duties and responsibilities to the e�sting Assistant Fire Chief posifions that were not considered in previous compensation studies. For example, the negotiation and administration of contracts with businesses and other municipalities for the provision of fire suppression and fire prevention services has been added to the Assistant Chief in charge of the Support Services Division and the Assistant Fire Chief in chazge of the Operations I3ivision. The coordination of a nineteen county regional hazardous materials response program, and increased management and control responsibilities in relationship to federal disaster and terrorism response requirements have been added to the Assistant Cluef in charge of the Operations Division. Increased responsibility for labor relations matters, and community outreach programs have been added to the Assistant Chief in charge of the Human Services Division. All of the Assistant Fue Chief positions ate on call and have increased command responsibility in the event of significant fires and other incidents because of the reducfion in the number of District Fire Chief positions. This is especially true for the Assistant Fire Chief in chazge of the Operations Division. The Fire Chief has requested that the Office of Human Resources conduct a compensation study of these positions. Traditionally, the Assistant Fire Chief positions are filled from the deparGmenYs chief officer ranks. The candidates typically have many years of experience in the fire service including management and administrative training and experience. Most haue college and technical degrees with course wark in fire science, public and/or business administration, or engineering. The Fire Chief has indicated that he is having difficulty recruiting and retaining employees in these posifions. In some cases, the Assistant Fire Chief positions supervise employees who earn a higher overall salary. This is because such employees aze repxesented by a bazgaining unit and aze eligible fox overtime payment that is guaranteed by union contract. _ A similaz situation was recently faced by the Police Department. o� -3�y Study Comnonents Review of job changes and organizational charts Interview with Fire Chief Interviews with the current incwnbents Comparison to similaz positions Review of e�sting Job Profiles and payroll information Quantitative Evaluation System (QES) analysis and recommendation Review of City Charter and Legislative Code Posifion Descri tions These positions perform highly responsible managerial work in providing leadership and overall command direction to the Divisions of Human Services, Support Services, and Operarions of the Departrnent of Fire and Safety Services. These positions work under the general administrative supervision of the Fire Chief. They exercise general and command supervision directly and indirectly over Deputy Fire Chiefs, the Fire Mazshall, the Emexgency Pazamedical Services Chief, Fire District Chiefs, the Chief Fire Training Officer, Assistant Fire Training Officers, Fire Investigators, Fire Captains, Fire Equipment Operators, Fue Fightezs, and civilian employees. 'd'he typical duties that are common to all of the Assistant Fire Chief posit�ons are: Directs the functions of the Human Services Division, the Support Services Division, or the Operations Division on a twenty-four hour basis. Participates in the development of strategic and long range planning for the Department as a member ofthe DepartmenYs strategic planning committee, including developing the mission, vision and values of the Department; directs the development and evaluation of sirategic and long range plam�ing for the division in conjuncrion with the mission and vision of the Departsnent of Fire and Safery Services. Develops and oversees the implementation of division performance standards that support the mission and vision of the division and the Department of Fire and Safety Services. Participates in the prepazation and monitoring of the Department of Fire and Safety Services budget; oversees assigned division budget development and coordination activities; maintains division services within the approved budget. Authorizes the allocation of resources; reviews and approves individual unit plans and proposals; determines division staffing leveis. . o � -a�y Develops and oversees the implementation of division policies and procedures. Directs, supervises, assigns, and evaluates the work of division staf�including authorizing overtime, hiring, transfer, suspension, promotion, discipline, and other related supervisory functions. Commands major fire scenes, emergeneies and other incidents on a twenty-four hour basis as needed. Investigates complaints regazding division services or stafF. Inspects and reviews facilities, staff, and equipment for conformance with division and Department of Fire and Safety Services policies, procedures, rules, and regulafions. Represents management as a member of the Department of Fire and Safety Services Labor/Management Committee. Represents and/or assumes the duties and responsibilities of the Fire Chief when so designated. Typical dufies of the Assistant Chief in Charge of the I3uman Services Div�sion: Serves as the DepartmenYs liaison witl� the OfFice of Auman Resources, including vacancy detemunation, examination development as subject matter expert, and certification process monitoring. Serves as the Department's liaison with the Office of Affirmative Action, nicluding coordination of recruitment, hiring and retenrion of protected class employees, ensuring dissemination and compliance with the Ciry's AJorkplace Conduct Policy, training of employees in harassment prevention, and participation in the investigation of alleged violations of the Workplace Conduct Policy. Serves as the DepartmenPs contact with the Office of Labor Relations including participation in bargaining unit contract negotiations, azbitration preparation, disciplinary actions, strike planning, and general dispute resolution. Works with the City Attorney's Office in conjunction with State and Federal Court procedures, EEOC complaints, and Civil Service Hearings; responds to subpoenas, serves as an expert witness, provides depositions and requested informafion. Coordinates Workers Compensation issues with the City's Risk Management Division including manitoring workers compensation expenditures, and ensuring compliance with OSHA mandates. 0 01-u4 Serves as a member of the Deparhnent's Information Management Systems Team and oversees the activities of the employees of the City's Information Services Division who aze assigned to meet the Departments information management needs. Oversees the Department's community outreach programs including Fire Explorers, parade participarion, block clubs, and community festivals. Oversees the Department's wellness and physical fitness program. Coordinates the Department's mentoring program with division managers including ensuring the availability of additional training when a need has been deternriued so that employees can successfully complete the apprenticeslup program, continue employment, and prepaze for promotional testing. Provides conflict resolution services and training. Serves on the Labor/Management Diversity Committee. Typical Duties of the Assistant Fire Chief in charge of the Support Services Division. Oversees the activifies of the Fire Investigation Unit which investigates the origin of fires including azson investigations. Oversees the activiries of the Fire Prevention Unit which includes the Residential and Commercial Certificate of Occupancy program inspections, the inspecrion of fire sprinkler systems, the participa6on in the problem properties task force, and the Fire Prevention Public Education Program. Oversees the Facili6es Management Unit which includes the management and maintenance of sixteen fire starions, a fire training site, and a building maintenance site; serves as project manager for the acquisition and construction of new buildings, and negotiates with other municipalities for the use of the City's fire trauiuig facility. Oversees the Bquipment Services unit which maintains over 500 Fire and Police Department vehicles; contracts with other jurisdicfions for vehicle mauitenance services; conducts an inspection program for taxi cab licensing. Oversees the Department Trnnung Unit which includes a new Fire Captain leadership prograzn. Serves on the Labor/Management Safety Committee. 0\- Typical Duties of the Assistant Chief in Charge of the Operations Division: Oversees the daily operations of the fire suppression forces for the Department of Fire and Safety services including three platoons, three districts, anZl sia�teen fire stations with various assigned fire suppression and emergency medicai sezvices teams. Provides leadership and direction for emergency response issues which are non fire related and consist o£ regional hazardous materials response for nineteen counties in the State of Miunesota; emergency medical response; advanced technical rescue; confined space rescue; ice/water rescue; and domestic terrorism. Serves on the Labor/Management Emergency Medical Services Committee. Serves as the Department liaison in regazd to emergency communications issues and the Police DepartmenYs Emergency Communicarions Center: Coordinates and negotiates all outside contracts far services with public and private agencies including the following: Fort Snelling (all properties); the University of Minnesota Saint Paul Caznpus; the State Fairgrounds; 3M-Maplewood; and emergency medical services for the City of Falcon Heights. Represents the Department on the State of Minnesota Advisory Committee for Hazardous Materials and Pipeline Safety, the State Public Safety Committee on the Fire Services, the State Fire Chief's Association Emergency Management Committee (co-chair), and the federally sponsored program for metrropolitan medical response system associated with response planning for weapons of mass deshuction associated with an event of terrorism. Co�►parisons City Davision Manager Positions The only other unclassified and non-represented pazamilitary division manager positions in the City wrth duties and responsibilities similaz to the Assistant Fire Chief positions are the Assistant Police Chief positions in the Police Deparnnent. These positions were recenfly upgracled to grade 31, from grade 28 of the Non-represented City Managers, Employee Group 17, Salary Schedule. This was done after a compensation study following restructuring in the Police Department including Yhe reduction of an Assistant Police Chief position, and the addition of new programs. There aze currently two Assistant Police Chief positions responsible for an average of 270 employees and budgets of approximately $18,860,000 each, thus giving the Assistant Police Chiefs a greater span of control, than the Assistaut Fire Chief positions. The Assistant Police Chief positions are different from the Assistant Fire Chief positions in that they manage their divisions with the assistance of an assigned executive officer at the Commander leveL These o � -a�4 positions also have an assigned administrative support position. The Assistant Fire Chief positions have no assigned executive support and they share adminis�ative support positions. The Assistant Fire Chief in Charge of the Operations Division is the position most similar to the Assistant Police Chief positions in regard to span of control. Other similaz departmentat division manager positions in the City are in the classified service and they are represented by the Saint Paul Supervisors Organization (SPSO). Classes such as Library Services Manager and Purchasing Systems Manager aze in SPSO grade 29. Assistant City Engineers, which aze the Public Works Department division managers, and the Water Utility Division Managers aze in SPSO grade 30. As division managers, these positions have a similar level of responsibility and span of control to that of the Assistant Fire Chief positions. • Internal Fire Supervisory Positions The Assistant Fire Chief positions supervise Fire Deputy Chiefs, the Fire Mazshall, the Fire Training Officer, and the Fire District Chiefs. These positions aze represented by the Fire Supervisory Association (FSA). Under the FSA contract, these positions are eligible to receive overtime compensation, either in pay or compensatory time, at a rate of one and one-half (1.5) times the normal rate. Also, Deputy Fire Chiefs and District Fire Chiefs, as a group, are guaranteed $97,417 in overtime compensation each yeaz to fill scheduled absences. The Assistant Fire Chief positions do not receive compensation, either in pay or compensatory time, for overtime worked. They oversee twenty-four hour operations and regularly work more than forty hours a week. A review of payroll records for the yeaz 2000, revealed that iwelve of the positions supervised by the Assistant Fire CYuefs earned more gross pay than the Assistant Fire Chiefs. One such position, eamed more gross pay than the Fire Chief. The current base pay differential between the Assistant Fire Chief posifions and the Deputy Fire Chiefs and the F'ire IVlarshall is 5.4%. The difference beiween the Assistant Fire Chiefs and 7he Fire Disfrict Chief and Fire Training Officer base pay is 14°/a. OES Evaluat�on and Anal� A new QES job evaluation was conducted based upon the current duties and responsibilities assigned to the three Assistant Fire Chief posi6ons. The changes made to the positions since 1996 were taken into consideration. The following QES factor level job evaluation changes were made: 1. For the Assistant Fire Chiefs in charge of the Human Services Division and the Support Services Division, the awazd for the Amount of Discrefion factor has increased from a level four to a level five. The incumbents in these positions, have been given very wide discretion in carrying ont the mission of the Department of Fire and Safety Services. In addition, in carrying out that mission, these positions aze required to develop new policies and procedures and be the primary authorities for review and interpretation of current Oi-��4 policies and procedures. This increases the awazd for the Impact On Policies and Procedures factor from a level four to a level five. In regazd to the factor of Hazards and Stress, the addirion of new programs and the decrease in subordinate supervisory and administrative staff has increased the amount of stress placed upon the positions. This increases the awazd for that factor from a regulazly encountered two to an occasionally encountered three. Also, these posirions must perform light physical work when responding to fire/and or emergency incidents on an occasional basis. This increases the awazd for the factor of Physical Effort from a level one to an occasional level two. The same is true for the award for the factor of Surroundings. These positions have to respond to fire and accidentscenes on an occasional basis and therefore,aze exposedto unpleasant surroundings. With the increased points assigned resuking from the new factor level awazds, the QES evaluarion supports changing the grade assigned to the Assistant Fire Chief in charge of the Human Services Division and the Assistant Fire Chief in charge of the Support Services Division from non-represented grade 28, to non-represented grade 30. 2. As to the Assistant Fire Clvef in charge of the Operations Division, that position would have the same factor awards as the other two Assistant Fire Chief positions with one exceprion. This posirion was awarded a level six instead of a level five for the factor of mental effort. This is because of the merital effort required by the position's responsibilities for management of both fire suppression and non fire related emergency response matters related to preventing disasters such as, regional hazazdous materials, emergency medical, rescues, and domestic tenorism. With the increased points assigned as previously mentioned for the other Assistant Chief positions, and the additional points assigned based upon the aforementioned factor award, the QES analysis of the Assistant Fire Chief in charge of the Operations Division supports assigxring the position to non-represented grade 31. Recommendatfon It is recommended that a resolution be introduced to the City Council placing the unciassified Assistant Fire Chief positions in grade 30 of the Non-represented City Managers Salary Schedule, Employee Group 17. It is also recommended that when an Assistant Fire Chief position is assigned, by the Fire Chief, °'Director of Emergency Management" responsibilities as defined by Chapter 13 of the CiTy of SainY Paul Legislative Code, that position should be compensated in grade 31 of the Non-represented City Managers Salary Schedule, Employee Group 17. Therefore, a part of the resolution introduced should contain a paragraph implementing that recommendation. By incorporating this into the resolution changing the rate of pay for the Assistant Fire Chief positions, this allows the Fire Chief flexibility in making organizational changes. It also allows for the appropriate compensation of the Assistant Fire Chief posirion that has been assigned such responsibiliries under the Fire Chief s authority as set forth in Chapter 9.01 of the Administrafive Code. G.VSharedULLiCOhIMON�SHOCKI,EY�Fire.ASttChief rpcwpd 0 �:.� - '� CITY bfANAGEIrfENT ANID ADbILti'ISTRATIO\ (57 To impersonate or to permit or aid another to imnersonate an applicant in registration. �Code 1936, § ?24.02) Sec. 12.03. V3olation; penaltc. 9n� person who shall violate any of the provi- sioa. of Lhis chapter shali be guilty of a misde- meanor. - - - (Code I9�o, § 42s.03} Chapter 13. Emergency 14Sanagement' Sec. 13.01. Policy and purQose. (a> Because of the existing and increasing pos- sibilitc of the occiL�-rence of disasterG of major size and dastzucticeness.and in order to ensure that prepazations of the CitS of Saint Paul w be adequate to dea! K such disasters, and gener- aily to proczde for the common defense and to protect the public peace, health and safety, and to preserve the lives and propertc of the people of the Citc of Saint Paul, it is hereby found and declazed to be necessary: il � To E�tablish a locai emergzncry• management agency. (2� To provide for the exercise of necessary po- v:ers durinp emergencies. _ (3) To provide for the rendering of mutual aicL' between the City of Saint Paul and other political subdicisions of the State of bSin- nesota and of other states, with respect to the carrying out of civil defense functions. (b) It is further declazed to be the purpose of this chapter and the policy of the City of Saint Paul that all emergency management functions of the City of Saint Paul be roordinated to the maximum extent practicable with the compara- ble functions of the federal government; of the State of Minnesota and other states and locali- Lies, and of private agencies of every Lype, to the end that the most e$'ective preparations and use may be made of the nation's manpower, resources and facilities for dealing with any disaster that may occur. (Code 1956, § 73.01) 'Editor's note—This ehapter is derived from Code 2956, § 3 73.01—?3.13, as ameaded by Ozd. No. 16782, adopted April 30, 1981. - 61-aoy § 13.0? Sec. Z3.02. Definitions of terms. For r:ne purposes of this chapter, the follo� �cords and ph:2�e=_ shall ha+e the meanings se= forth in thi section. eicept v;here the conEe� clearlc indicates that a different meanin�.i= intended. Ciri.'_dzfen;z emergency means an emergenc declazec bv tn= gose*nor under the l�Iiane,oc� Cicil Defense �ct of 19�1, LaR; 1901, Chapter 69=,Section 301 �Iinnesota Statute Section. Diaeszer mean� a situation which creates a= immediate and seriow impairment to the healt� and saietc of any person, or a situation which has resultec or is 1ik21c to result in catastrophic loss to prooerty, and for �vhich" traditional sources o_' relief and asaistance aze unable to repair or pre- cenc tne injun or loss. Emzrgenry means an unforeseen combinatio� of circcrostances a calls for immediate actio� to pre� a disaster from deceloping or occurring. Emer�ency forces meazu any personnel employec o�• the Citc of 6aint Paul and anc oLher voluntee- or paid membern of the local emergenrsr manage- ment a;encs en�a;ed in canying on emergenr mana�ement funetions in accordance with the prc- visions of this ehapter or any rule or orde= thereunder. Emzr�enev management or cit�il defense mean_ the p*eparation for and the carrying out of aL emer�encr functions, other than functions for whic� miIitarc forces aze primarilp responsible, to prE � ent, minimize and repair injury and damage rr sultin� from disasters, natural and man-made. These functions include, without limication, fire- fi;htin� sercices, police senzces, medical and healt: servicea, rescue, angineering, warning services_ rnmmunications, radiological, chemica2 and other special weapons defense, evacuation of person= from stricken areas, emergency welfare service=_ emergency transportation, existing or properlp a= signed functions of plant protection, temporar= restoration of public utilitp sen and other functions related to civiliaa protection, togethe- with all other actit-ities necessarp or ineidental tc prepazation for and carrying out of the foregoin= functions. _ tCode 1956, § 73.02) _ 163 o�-a�y LEGISL9TR°E CODE § 13.03 Sec. 13.03. Establishment o£ emergency man- agement agenc5. 'i'here i hereb� createc azthia tne City of Saint ?aul gocernment an em=rgencc mana�ement a�ency to be knoR as the dicision of emergencc :�aQera=r.*_ ihe*ein��zr: `"a_er.cc"'� ahich shali �e under tne suaen and control of a director ot e�erg_ncc mana=emer.t fhe:e;rafrer. "director'i. 3'he direcLOr shall haie direcc *�sponsibility for :he organization, administration and operation of the emergencc managemen: aeencc, subject to :he direction and control of the fire chief, pursu- ant to the Saint Paul :�dministrative Code, Sec- rion 9A1. The emergencr mangement agenc}y shall be organized, con,istent cczth state and local law-s, as the director deems necessarr to procide for the e&'icient performance of local emeraenc} manage- ment function; during an emeraEncy. (Code 19�6, � ;3.03� Sec. 13.04. Poccers and duries of the director. la) Reciprocal arrangements. The diiector, with the consent of the fue c4ief, shall represent thz Citp of Saint Paul on ans regionzl or state orga- nization for emergencc management. He shall de- velop proposed mutual aid aa eements with other political subdicisions ccit4in or outside the state for reciprocal emergency aid and assistance in an emergencr too ereat to be dealt nith unassisted. �and he shall present such ao eements to the fire chief for action and referral to the mayor and cit� counciI. Such a:-rangement; s4�ll b: cons;stent �cith the state emergenec management plan, and during an emergency it shall be the dut3• of the a;ency and emer;ency tnanagement forces to render �sistance in accordance with the provisions of such mutual aid arran�ement;. :�n}• mutual aid arrangement with a political subdi�zsion of an- other state shall be subject to the approval of the govemor. (b) Studies of resources, etc The direcfor shall make, for the fire chief, such studies and surveqs of Lhe manpower. industries, recources and facili- tie; oF the Citc of Saint Paul a; the chief deems necessax5• to determine their adequacy for emer- gencp management and to plan for their most efficient use in time of an emergency. (c)- Compreherzsic-e plara. The director shall pre- pare a comorehensiz e Qenera: plan for emergency nanagement of tae ci�c and shall present_such pian to tne fir6 cniei io* sap*oca: anci refesal to tae and cit� council ior a�oro�al. Gi�'hen ; e macor :.nd council b� reblutior: hace approved ;ne olzr, i_ snali oe E'P_c C�L'i�" OT 3; II11217C1P3I 2Qenciee and all Qnergeacc forces � t�e citp to ��e;._ _._e du:ie; zac r.:-: :oa_ >_' -ed bc the p:an � approced. ?'t_e plaa ms:: be �odified in :ike manner from time to cime. The direcior shall coordinate the emergencc mana_amen: activities of the citc, co the end thac they shsll be consistent and fully integrated u the emer�=ncc manage- ment plans of other politica] subdiri;ions within the state. td� Training and information programs. In ac- cordance w-ith the state and city emergency man- a�ement ptans, the fire chief, through the direc- cor. shall institute such training pro�rams and public information proa ams a^.d =ha11 take all ozner preparaton steps, including the partial or full mobilization of emergency mana�ement forces .- ad�:ance ef actus: disa_�er. as �ac be aeces- sarc to cne pronpt and etiectice operacion of tfie ci�c emergency �anagament pIan in time of an emergenc} He ma�, irom time to ti*ne, conduct such p�actice air raid aler; or other emergency � mana�ement exercises as he ma? deem necessary. �ei Utilize existing facilities. The d:rectar shall ccilze the per�onnel, sercices, equipmer.L, suppiies a-,d facilities oi �sisting departmea�; and agen- _ e� c,i �ra cicy �o tne masimur.. etcant practica- oie. She oiitcer; and personnei oi ail such depar� menc� and a;encies shall, to the maximum extent practicable. cooperate with and estend such ser- rices and facilities to the local emargency man- aaement agency and to the govemor upon request. _ The nead oi each deparcment and agency, in ca opera:ion uith and unrier the direction of the fue chief, through the director, shall be responsible for the plannino and programming of such emer- gencs management aciivities as «zll invoive the �citiz2tion of the facilities of his department or a,enc��. (fl Recruif colunteers. The fire chief, through the director, shalI, in caoperation with existing city departments and agencies affected, organize, 164 CITY hL9NAGE�fE?2f 2.1VD AD31Lti'ISTRATIO;I recruit and train au.eiliarc police, ausiliazy fire- men, eme: gency medical personnel and any other personnel that mac be required on a volunteer ba,is to carry ouc the eme:�encc managemeat glans of the cit} and the cin and state. To the eateat that such e�ergencc• pe:sonnzl aze recnuted co augment a re�ulzr city dzp�*��ent or agencc for cicil emergencies, they ::a'si be assigned to sucn deparcmenc or agencr ier puposes of admin- istration and command. The director may dismiss any emergency mana�ement � oiu,�teer at any time and require the surrender of any equipment and identification furnished bc the citc. (gl Emergerzcy facilifies. Consistent with the emergency mana�eme :t plan. tne n-e chief, through the director, shall pro�ide and equip emergency hospitals, casualtc stations, ambulances, canteens, evacuation centers, and other facilicies or coavey- ances for the caze of injured or homeless persons. (h) Gorernor's ordzrs, etc The director shall carry out all orders, rules and regulations issued by the govemor wzth reference to emezgencp man�ement (i) Coordinate operations. The director shall as- sist the fire chief in direction and coordination of the general operations of all iocal emergency man- agement forces durin� an er±=rgencw in confor- mitc with controlling r poulations and instructions of state emergencp managemenc authorities. The heads of de�artments and agencies shall be gov- erned by the fire chiefs orders in respect thereto. tj) Conbot center. Consiscent �eith the emergency management plan, the director shall provide and equio, at some suitable place in the city, a control center and, if required by the state emergency management an ausiliazR• control center to be used during an emergencc as headquarters for direction aad coordination of emergency manage- ment forces. Ae shall arrange for representation at the control center by municipal departments and agencies, public utilities and other agencies authorized by federal or state authority to carty on emergency management activities during an emergency. He shall arrange for the installation at the control center of necessarc facilities for communication wzth and betK•een heads of emer- gency management dicisions,the stations and op- erating units of municipal service; and other agen- cies concemed with emergency management and o�-a�y $13.0� for co�munication �cith otrer communities and control eenters withir. the surroundina azea and �ith the federal and ��ate aQencies concemed. +''a Emz:genr. pouers. Dw-in� 2he fust thu2i �30� dacs of an emer�enc�•. if [he legislature is in sessien or the =oceno- has couoied his declaza- - �ior. of sr_ es=_raenc•: �:_h -s ca�? for a specia'_ �e�ion oi tae le�lacior.. tiie fire cnief may, when neces;arc to sace li`� or propen� require anc person, escept members of the federal or state militan forces and officers of the state or a politi- cal subdi�zsion. to perform ,en-ices for emergencc management purposes as he directs, and he mac commandeer, for the tivze being. any motar vehi- cle, toois, appliances or aap other property, sub- ject to the oa-ner's right to just compensation as pro�ided by la�r. {Code 19�6, § 73.04� Sea 13.05. General procisions on emergency maaagement u orkers. (a) Certain persons ezcluded oath. No person shall be emploced or associated in any capacity in - the emer�ency managemenc agenc,- x-ho advocates or ha; adcocated a enan�e bc force or ciolence in tre cro��icucionzl form oi oocemment of the United y �States or in this state or the orerthrow of any govemment in the United States by force or vio- lence, or who has been con�zcted of or is under indictment or information cnaz�ing any subver- sive act against the United States. Each person tcno is appointed to serre in tne emergency man- agement a;enc� shall, before entering upon his duties, take an oath in u7iting as prescribed by the �Iinnesota Civil Defense �ct of 19�1, Section 403 (�Iinne,ota Statuces, Seczion 12.43.) (b1 Use of volunteers. Emergency management volunteers shalr be called iato.service only in case of an emergency for cchich the regular mu- nicipal forces aze inadequate. or for necessary training and preparation for such emergencies. All colunteers shall sene w compensation. (ci Identi�^icationojcrotunteersEachemergency management colunteer shail be procided with such suitable insignia or other identifcation as may be required by the director. Such identification shall be in a form and style approced by the fed- eral go�•emment. No volunteer shall exercise any lfio § 13.05 ot-�`y LEGISLATNB CODE authoritc over the persons or property of others ccithoc� his ideatifrcation._\o p2rsan except an authoriz�d �oluntez: shall use the identification o: a�olunzeer or orlierwise represent to be an authorized colunteer: �Code 1956, § 73A5? Sec. i3.06. Emergency regularions. resolution at aac time. Ii not soo^er rescinded, ecer5 such regulaiion suall espire at the end of fon� �10� dacs a�er iu �ti=ctice d2�e or at the end of the.emer;enec to unich iz relates. whichecer occur� first. :'�nc ordinance, rule or regulation ineonsi_ a an emergencs rE�ulation ordered __bg L}12 II3�OT shall be swnendec d�-ing the pe- riod oi time and to the et :ra: scch confiict esiscs. (Code 1956, � 73.06) (a? lfaror mav promulgate regulations. VJhen- ecer aecessan to meet an emergency or to pre- paze for such an emergencc for �chich adequate regulations hace not been adopted by the gover- nor or the city councii, thz ma� may by execu- ti�•e order promulgate regulations. consistent �sith applicable federal or state la�r or regulation, re- spectiag: the sounding of alarm_; the conduct of perso*s and the use of propertc during alarm>; the repair, maintenance and safeguarding of es- sential public serrzces; emergencc health, fire and safet� regulations; trial drilis or practice periods required for preliminazy t*ainin�: and all other ma:ters �chic�: are required to protect public safe- ty, heaith and Keliare in emergencies. \o regula- tion gorerning observation of enemy aircraft, air attac'a alazms or illumination during air attacks shall be adopted or take effect unless approved by the state d'uector of emergency services. (b) Form of executice order and notice E�ery emergency regulation shall be in w�riting and signed - by the ma5or, shall be dated, shall refer to the particular emergency to �chich it pertains, if so limited, and shall be filed in the office of the city clerk, �chere a copy shall be kept posted and avail- able for public inspection durino business hours. Notice of the ezistence of such regulation and its availability for inspection at the clerk's office shall be consgicuously posted at the front of the city hall or other headquarters of the city snd at such other place, in the affected uea as the mayor shall designate in the executice order. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the order. By like prociamation the mayor may modify or rescind any such regulation. (c) Council ma,y_ rescznd; upiration date The city council may rescind any such regulation by Sec. 13.07. Report of activities. Tne director shall, aa soon as ooesible after the end of each fiscal year, prepaze aad present a conprehznsice report of the accivizizs oi the agency durino the peaz to the fire chief, �rho a submit such report to the macor and citr couaeil, for the informatior. of :he council and the public. lCode 1956, i 73A7) Sec. 13.08. Conformity and cooperation with federal and state authority. £.•en off'icer and agency of the cicc shali wop- erate «ith Fe�eral and state authorities and with authorized aoencies engaged in emergency man- agement and emergency measures to the fullest possible estent consistent with the performance of their other duties. The procisions of this chap- ter and of all re;ulations made thereunder shall be subject to all applicable and controlling provi- sions of federaI and state la5c= and of regulations and ordera issued thereunder and shalI be deemed� to be swpended and inoperatice so faz as there is anc conflict therewith. The chief o` police may appoint any qualified person holdina a position in anp agencc created under federal or state author= it} for emergency manasement purposes as a spe- cial police officer of the city �cith such police pa �cers and duties within the city incident to the Functions of his position, not esceeding those of a regular police officer of the city, as maq be pre- scribed in the appointment. Even such special police officer shall be s¢bject to the supervision and controi of the chief of police and such other police officers of the city as the chief of police may designate. (Code 1956, § 73.08) _ � o�-a�y CITY MANAGEME?ST AIQD AD31IIv"ISTR.ATION Sec. 13.09. Participation in labor dispute or po&tics. The er.�e: genc}- management agency shall not participa"te in any form of political activity, ner shall it be employed directly or indirectly for pa litical purposes, nor shall it be amployed ia a le- gisimate labor di;pute. - (Code 1956, § 73.09) Sec. 13.10. Custody of government property. The director of emergency management shall take custody, on behalf of said city, oF all proper- ties of any type or nature which aze owned by said city, loaned, given or donated to said city from any source, including the federal government and its agencies, which properties relate to the func- tions of tae division of emergency management; further, that while said properties are in the care, custody and control of said city and its division oF emergency management, the director shall be re- sponsible for said properties and may take such reasona6le acts as a2'e necessary to protect and conserve said properties. (Code 1956, § i3.10) > Sec. 13.11. Damage to emergency maaage•' ment property Any person who shall damage, steal, trespass on or cause any harm to properties of any type or nature under the care and custody oF the division of emergency management shall be guilty of a misdemeanor and punished accordingly. (Code 1938, § 73.119) ' Sec: 13.12. Whistles and warning devices. No unauthorized person shall operate-a siren, whistle or other audible device so as to simulate an attack or weather warning without the written permission oF the director of emergsncy manage- ment. This pro�zsion shall apply to all devices emitting sound which in the opinion of the di- rector aze closely identified vsith the sound for a "take cover" or "alert" warning. Emergency ve- hides of fire and police departments and ambu• lances aze escepted. (Code 1956, § ?3.12) Supp. Fo. 16 Sec. 13.13. Obeying directions. § 14.02 I?uring an emergencs eve_ry person shall obey all the lawfiii orders of regulaz or auxiliary nem- bers oF the poiice and fire departments of tne Ci� of Saint Paul and all other eersons having a spe- cific emergency management assignment and dis- playzno their o�cial identificztion. Code 1956, § 73.13! Chapter 14. Impoundmeat and Disposal of Abandoned Personal Property` Sec. 14.01. Purpose. (a? The city has become awaze of instances where personal groperty is found abandoned on public property within the city and also oF in- stances where pezson have failed to remove per- sonzl propem from public lands and buildings owed or controlled by the city. The council fmds that the continued presence of this personal prop- ercy causes inconvenience to the city and disrupts the delivery of necessary services and creates a nuisance and a risk to the city staff and other persons desiring to use the public preperty. Min- nesota Statute Section 471.195 suthorized the city to pass an ordinance providing for the custody and disposal of property coming into the lawful possession of the city in the course of municipal operations if the property remains unclaimed by the owner. - (b). The couneil herebq declazes its intention to minimize the impact of abandoned personal �rop- erty on the delivery of service to the citizens and to provide for a swift and efficient method for the disposal of the property. {Ord. No. 17848, § 1, 7-9-91) Sec. 14.02. Definitions. Abandoned: To relinquish or give up with the intent of not zesuming or claiming one's rights or interests in the personal propertY• Failure to re- cover personal property within sixtY (60} days after it is found on city property, or failure to remove � �C[099 refereaces—Abandoned vehieles generally, § 153.01 et seq.; public sale ot ahandoned vehicles. § 163.08. 167 o�-acy. 4 13.02 Z,EGISLATIVE CODE the prope.�y within sixty (fi0) days of being so chasing division may sell the property to the ordered, constitufi.es ahandonmer.t_ hiohe;t bidder at public auction or through a rnm- petii3ve solicitaiion process follov:� r<..asona`ule Persana,'. property: All gooc, cuatiels, money P��hed noiice. - ar.d effecss. (prd. IGo. 17845, § 1, 1-9-91) � O: d. 1� o. 17848, § 1, 7-9-9I? ' Sec. 14.�3. Abandoned penanal property -- It shall be illegal to abandon personsl propertY oa prope:ty owned by the city. Dispasition of this property is in the public interest and the method to be used is to impound the property snd dispose of it according to this chapter. (Ord. No. 17&48, § 1, 7-9•91) Sec 14.04. Process. (a) Vv'henever the head of any department may deem it in the best interests of the city, he or she may ozder the impounding of any abandoned per- senal properiy_located on city property. The de- partmeai head or his or her designee shaIl take reasonable steps to attempt to identify the awner oi tne property and, where the owner has been identifie3, issue a written notice to the owner that the city intends to impound the property. I£ no response is received with twenty (20) days of such notice, or no owner ean be identifie3, the depart- ment head or designee shall post a notice de- scribing the property in the o�ce of the city clerk and after frfteen (15) days issue an order im- pounding the property and then transmit a written request to the purchasing division to commence action to dispose of the property and attach copies of the impoundment order and any notices to the property o�vner. Sec. 14.Oa. lise of proceeds. The purchasing division sfiaii deduct any wsts incurred in the disposal process, including, but not limited to, the costs of providing notice, trans- portation, storage and advertising, from the pra ceeds oF the sale. The former owner shall have a right to payment of the sale price less all costs incurred, including statY time, upon application. and satisfactory proof of ownership within six (6) aonths of the sale. Excess revenues received and not claimed by the former owner sfiall be depos- ited in accordance with adopted budget policies. Where revenues xre not sufficient to recover dis- posal costs, sunc �osts shall be borne by the de- gartment initiating the impoundment or such other funds as may be designated by the city councii. The department may, at itn discretion, bill the owner for any costs which exceed the rev- . ---Qnues derived from disposal. - - -- - {Ord. No. 17848, § 1, 7-9-91) 5ec..'.14.06. Applicability. Thfs section shall not apply to personal prop- erty subject to sale under the provisions of Min- nesota Statutes Section 423.806. (Ord. No._17848, § 1, 7-9-91) - Chapters 15—17. Reserved (b) Upon receipt of a request, the purchasing -- division shall take reasonable steps to estimate the value of the item. The purchasing division - - shalI determine the appropriate method of dispa sition of the property, including, but not limited to, intemal use of the property within the city, legally disposing of the property, donatiag Lhe properi},or sale of the property either at public auction or cons4gnment. If the item has no value, ar if the estimated costs of disposing af the item would eaceed the estimated revenue to be made from disposal, the purchasing division may le- gally dispose of the property. If the item hes pa- _ tential value and bidders are available, the pur- Supp. No. 16 � (The next page is 2171 o�-��y § 7.05 � ADMLNISTRA'I4VE CODE � tained to the building inspec�Son and design division and was in either a civil or criminal proceeding, it derived from-0rd". No. 173az, adopted April 17, 19as. shall in no way be disposed of except upon a written order of a court o£ law. Sec. 7.Ofi� .Reserved. Editor's note—Secaon 7.06, pertaining to the division of manpowerprograms, was deIeted by Ord. No. 17104, adopted Feb. 7, 1984. Chapter 8. Department oF Police* Sec. S.OL Department established. There is hereby-established an executive depart- ment of the City of Saint Paul to be known as the police department. The head of such department shall be th�chief of police, who shall be appointed in accordance with the provisions of the City Chazter. � Sec. 8.02. Depaitmeatal functions. The depaztment shall perform the following functions: (1) Preserve the public peace, prevent crime, and detect and arrest offenders. (2) Administer and enforce laws regulating, di- recting, controlling and restricting the movement of vehicular and pedestrian traffic, and the general use of the streets by vehicles and the public. (3) Operate a training program to maintain and improve the efficiency of the members of the department. (4) Prepare reports on injuries to persons and property occurring by accident or other- wise on the streets, in alleys and other public places within the city as required by law. (5) Provide a procedure for the sale, destruc- tion or other disposition of all weapons or other articles used in the commission,of crime or coming into the custody of the de- partment; provided, that where such weapon or article may be used as evidence •Editor's note—This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; and Ord. No. 15337, adopted March 16, 1973. (6) Provide a procedure for the sale oF un- claimed, lost or stolen articles coming into the custody of the department. Sec. 5.03. Chief of police; powers and duties. The chief of police shall be appointed by the mayor with the consent o£ the council, in accor- dance with the provisions of the City Charter, and shall serve for the term spec� ed therein. The chief of police shall be accountable to the mayor and, subject to his supervision and control, shall ad- minister the affairs of the department. He shall have general authority and control over all de- partmental staff and shall oversee the proper ful- fillment of all tasks and duties assigned to the depaztrrcent. He shall have the power to prescribe such rules and regulations as he deems necessary or expedient £or the proper operation of the de- partment and to that end shall keep himself in- formed a£ the latest administrative practices. The chief of police shall have the power and duty to take all personnel actions, including hiring, as- signing and reassigning employees, including su- pervisory personnel, within his degartment and shall supervise their performance. Chapter 9. Department of Fire and Safety Services�' Sec. 9.01. Department generally. (a) Dep¢rtment est¢blished. There is hereby es- tablished an executive depaztment oP the City of Saint Paul to be known as the department of fire and safety services. The head of such department shall be the fire chief, who shall be appointed in accordance with the provisions of the City Charter and shall have such qualifications as the council may by ordinance provide. {b) Dep¢rtinental functions. The department shall be responsible for the establishment, main- tenance and administration of an organized tEditor's note—This chapter is derived from Ord. No. 15174, adopted Aug. 23, 1972; Ord. No. 15426, adopted Aug. 3, 1973; and Ord. No. 16057, adopted Aug. b, 1976. Supp. No. 18 2420 o � -a��l GENERAL PROVISIONS method for fire fighting and fire prevention within the city, and shall perform the following func- tions: (1) Take all necessary steps for the egtinguish- ment of fires within the city, including uti- lization of ail necessary personnel and equipment therefor, the destruction of any building or structure and the removal of any obstruction for the purpose of checking or e�rt,inguishing any such fire. (2) Establish the location, relocation or removal of all public fue alarm boxes, (3) Possess the police powers necessary to carry out the duties unposed upon them by law, while engaged in the service of ffre extin- guishment. (4) Assist in the re-establishment of order in the event of civil disturbance, disaster or riot or any other declazed emergency. (5) Provide for and administer a program for the training of firefighters. (6) Maintain a record of all fires which occur within the city requiring the services of the department. (7) Carry out the terms and provisions of all fire service contracts entered into with other governmental subdivisions. (8) Investigate the causes of all fires and pro- vide for written reports of all suspected ar- sons. . (9) Possess the police powers necessary to cazry out the duties imposed upon them by law, while engaged in the service o£ fire protec- tion. QO) Inspect all buildings and structures as pro- vided for by the state fue code, and for the issuance and renewal of certificates of oc- cupancy. (11) Provide xescue and ambulance service. (c) Fzre chief,� powers and duties. The fire cluef shall be appointed by the mayor with the consent of the council and shall serve for a term of two (2) years, concurrent with that of the mayor. He shall be in the unclassified service of the city. The fue chief shall be accountable to the mayor and, sub- ject to his supervision and control, shall admin- � �o.o� ister t�e affairs of the department. He shall have generai authority and control over all depart- mental staff and shall oversee the proper fulfill- ment of all tasks and duties assigned to the de- partment. He shall have the power to prescribe such rules and regulations as he deems necessary or eacpedient for the proper operation o£ the de- partment and to that end shall keep himself in- formed of the latest administrative practices. The fire chief shall have the power and duty to take all personnel actions, including hiring, assigning and reassigning empioyees, including supervisory personnel, within his department and shall super- vise their performance. The fire chief shall be responsible for: (1) Coordination of all emergency prepared- ness functions of the city, compatible with the Functions of the Federal and state gov- ernments and adjacent political subdivi- sions. (2) Establishment o£ policies for effective use of manpower resources and £acilities to deal with any major natural disaster or nuciear incident. (3) Providing for emergency funetions to pre- vent and minimiae the effects of disasters on persons and providing for the emergency repair of damage to public facilities re- sulting from enemy attack, fire, flood, tor- nado, earthquake, or other natural causes. (Ord. No. 17920, § 1, 4-28-92) Chapter 10. Department of Planning and Economic Development* Sec. 10.01. Degartment generally. (a) Dep¢rtment est¢blished. There is hereby es- tablished an executive depaztment of the city to 'Editor's note—Ord. No. 17851, adopted July 9, 1991, amended the substanGve provisions of Ch. 10 of the Admin- istration Code as herein set out. Prior to the amendments effected by this ordinance, Ch. 10 pertained to similar subject matter and was derived from the following ordinances: p�, Ord. No. Sec. Date No. Sec. Date 1617& — 2-15-77 17241 — 5-23-55 16777 — 4- 2-81 17814 1-5 3-25-91 17104 —. 2- 7-84 � Supp. No. 18 2421 �