There shall be a Fire Commission composed of three members,
who shall be electors of the Town. The members shall serve without
compensation and shall hold no other office of trust or emolument
in the Town government. Service on committees of the Town government
is not prohibited by this section, provided that such service does
not create a conflict of interest as defined in the Town Code of Ethics.
The Selectmen shall annually on or promptly after the first
day of December appoint one member of the Fire Commission who, after
qualification, shall hold office for a term of three years from the
first day of December until a successor has been appointed and shall
have qualified. As long as there shall be a volunteer fire company
in the Town of New Canaan, one of the members of the Commission shall
be an inactive member, in good standing, of such a volunteer fire
company, in order to foster and recognize the volunteer component
of the department. There shall be minority representation on the Commission
in accordance with § 9-167a of the General Statutes.
On or promptly after the first day of December of each year,
the Commission shall meet at the call of the First Selectman to choose
one of its members to be Chairman and one of its members to be Secretary.
The Chairman shall, when present, preside at all meetings of the Commission
and shall have a vote as a member thereof. The Secretary shall file
in the office of the Town Clerk a record of all proceedings, acts
and resolutions of the Commission, including the votes of each member
on all actions taken, and such record shall be a public record. Two
members shall be a quorum for the transaction of business at any meeting.
The Fire Commission shall supervise the management of the fire
department of the Town to ensure adequate fire protection and rescue
response, and shall exercise powers and perform duties with respect
thereto as follows:
A.
Appoint a Fire Chief subject to the approval of the Board of Selectmen.
When a paid Chief is duly appointed and employed, the Commission shall
supervise the Chief in all the duties and responsibilities of the
office, including dismissal; the Chief's salary, compensation,
benefits, and increases shall be established with the consultation
and approval of the Selectmen. In the event of a vacancy in the position
of Chief, an Assistant Chief shall be Acting Chief in order to maintain
the chain of command and leadership responsibilities of the department
pending the appointment of a permanent Chief.
B.
As to volunteer fire companies established in the Town, the Commission
shall:
(1)
Ensure that the Town provides volunteer firefighters, as per Occupational
Safety and Health Administration (OSHA) regulations, with required
personal protective equipment.
(2)
Recognize volunteers as members in accordance with the constitution
and bylaws of the volunteer fire company.
(3)
Direct the volunteer fire company to follow all rules and regulations
and standard operating procedures of the fire department. Modification
of these rules and regulations shall be in consultation with the volunteer
officers. The volunteer fire company shall be responsible for discipline
of any volunteers who have violated its rules and regulations or for
conduct found to be detrimental to the public welfare.
(4)
Provide that copies of all rules and regulations referred to herein
shall be delivered to all persons affected thereby.
C.
As to the paid Fire Department established in the Town, the Commission
shall:
(1)
Employ and appoint career officers and fire fighters and other paid
personnel of the Fire Department as may be necessary for the adequate
protection of the Town. Consult with the Chief to solicit names of
qualified candidates for each paid position for service with the Fire
Department. Persons so employed shall be paid by the Town.
(2)
Implement changes in the classification and compensation of employees
of the Fire Department, in accordance with any collective bargaining
agreements, after consultation with the Board of Selectmen.
(3)
Review and approve rules and regulations regarding career personnel,
for the proper governance of the Fire Department, in accordance with
contract and regulatory obligations.
(4)
Remove or suspend without payment of wages any employee of the Fire
Department for violation of any such rules and regulations or for
conduct found by the Commission to be detrimental to the public welfare
but only after a hearing by the Commission upon written charges delivered
to the accused person a reasonable time before such hearing, at which
hearing such person may be represented by counsel; provided such actions
may be taken only in accordance with collective bargaining agreements
and regulatory obligations.
D.
As to general fire protection and prevention, the Commission shall:
(1)
From time to time prepare and submit to the Selectmen proposed rules
and regulations for governing and abating fire hazards in public and
private buildings and in all other places in the Town and recommend
their adoption by the Town Council as a bylaw or ordinance of the
Town.
(2)
Appoint, subject to the approval of the Board of Selectmen, a Fire
Marshal, who shall possess the powers and perform the duties imposed
upon such officer by law or by ordinance of the Town.
