Village of Johnson Creek, WI Chapter 22 Departments

[HISTORY: Adopted by the Village Board of the Village of Johnson Creek as indicated in article histories. Amendments noted where applicable.]

Article I Police Department

[Adopted 12-1-1994 by Ord. No. 12-94 as Ch. 5 of the 1994 Code]

§ 22-1 Organization; compensation.

A. The Police Department of the Village shall consist of the Police Chief and such other police officers as the Village Board may appoint from time to time.

B. The Police Chief and all other police officers shall receive salaries or wages as shall be fixed annually by the Village Board.

§ 22-2 Appointment and removal of police officers.

All police officers, including the Police Chief, shall be appointed by the Village Board and shall be subject to removal by the Village Board without cause, upon a majority vote of all Board members.

§ 22-3 Powers and duties of police officers.

The Police Chief and all police officers shall possess the powers, enjoy the privileges and be subject to all liabilities conferred and imposed by law upon marshals and constables. They shall:

A. Obey all lawful written orders of the Village Board.

B. Cause the public peace to be preserved and see that all laws and ordinances of the Village and state are enforced, and whenever any violation thereof shall come to their knowledge, they shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders.

C. See that the necessary permits and licenses issued by the proper authority of the state or Village are in possession of or properly displayed by any person engaged in any activity or business within the Village for which such permit or license is required and that the terms of such permits or licenses are complied with.

D. Arrest all persons in the Village found in the act of violating any law or ordinance of the Village or state or aiding or abetting in such violation, and they shall arrest without warrant all persons whom they have reasonable grounds to believe have violated any law or ordinance and who will not be apprehended unless immediately arrested, and shall take all arrested persons in charge and confine them and shall within a reasonable time bring such persons before the court having jurisdiction thereof to be dealt with according to law.[1]

[1] Editor's Note: Original § 5.04, Chief of Police, which immediately followed this section, was repealed 7-8-2003 by Ord. No. 20-03..

§ 22-4 Authority of county law enforcement officers.

A. Law enforcement officers of the Jefferson County Sheriff's Department shall possess the power to enforce all provisions of the Code of the Village of Johnson Creek as set forth in § 22-3A, B and C of this article.

B. Law enforcement officers of the Jefferson County Sheriff's Department are hereby authorized to issue citations for violations of the Code of the Village of Johnson Creek, Jefferson County, Wisconsin, pursuant to § 66.0113(1), (2) and (3), Wis. Stats.

Article II Fire-Emergency Medical Service

[Adopted 7-24-2006 by Ord. No. 20-06[1]; amended in its entirety 12-11-2006 by Ord. No. 37-06]

[1] Editor's Note: This ordinance repealed former Art. II, Fire Department, adopted 7-8-2003 by Ord. No. 20-03.

§ 22-5 Fire-Emergency Medical Service Department recognized.

Recognition. The Village Fire-Emergency Medical Service Department, consisting of a Fire Service and Emergency Medical Service, "EMS," is recognized as the Village of Johnson Creek Fire-Emergency Medical Service Department, the "Department," which shall be a department of the government of the Village of Johnson Creek, the "Village." The duties of fire fighting, fire prevention and emergency medical service in the Village are delegated to the Fire-Emergency Medical Service Department.

§ 22-6 Organization.

A. The Village of Johnson Creek Fire-Emergency Medical Service Department shall be a combination fire service and medical emergency service department, and all members not employed on a full-time basis shall be paid-on-call or for-call employees of the Village of Johnson Creek.

B. The internal organization of the Department shall be in accordance with the policies and procedures of the Department and the Village. The Village Board shall approve the Department's standard operating guidelines and all amendments or modifications to those standard operating guidelines.

§ 22-7 Membership.

The maximum number of part-time, paid-on-call employees of the Department shall be determined by the Village Board, upon recommendation of the Chief and concurrence of the Village Board. Said recommendation shall take into account the number of fire fighters, EMTs, and officers needed to maintain efficiency, properly protect life and property from fire and provide emergency medical services. All active members of the Department and other supportive staff shall abide by the terms and provisions of this chapter and the Department's standard operating guidelines.

§ 22-8 Fire-Emergency Medical Service Chief.

A. Employment status. The Fire-Emergency Medical Service Chief, the "Chief," shall be an employee of the Village.

[Amended 3-23-2020 by Ord. No. 03-20]

B. Appointment. The Board of Police and Fire-EMS Commissioners shall appoint the Chief of the Department. Following the appointment by the Board of Police and Fire-EMS Commissioners and successful probationary period, he/she shall hold his/her office during good behavior subject to suspension or removal by the Board of Police and Fire-EMS Commissioners for cause.

[Amended 1-25-2016 by Ord. No. 1-16]

C. Performance evaluation. The Village Board may, for the purposes of determining salary, benefits, and other performance-related issues, evaluate the Chief's performance.

D. Qualifications. Applicants shall supply a resume as to background and proven job experience, including formal fire and emergency medical training (a minimum of a bachelor's degree in fire science or related field is preferred); a minimum of five years on a combined-service fire department in a ranking officer position; business management experience, including, but not limited to, budgeting, accounting, letter writing, marketing, good management and people skills. The selection of a Chief will be at the discretion of the Village Board. The Village Board may elect to take applications from within the Department or go outside to find a suitable candidate for the position.

E. Duties, responsibilities, power and authority. The Fire-Emergency Medical Service Chief shall have the following authority and responsibilities:

(1) Code enforcement. The Chief shall enforce the Wisconsin Statues, the Wisconsin Administrative Code, Department operating guidelines and the Village Code in matters relating to fire prevention, code enforcement, public education and fire suppression within the Village. It shall be the duty of the Chief to direct the operation of the Department. The Chief shall report monthly to the Village Board all fire-EMS activities, together with the amounts and value of the property destroyed.

(2) Department operations. The Chief shall provide for the general condition and efficient operation of the Department, the training of members and the performance of other assigned duties.

(3) Attendance at meetings. The Chief shall attend all official meetings of the Department whenever possible.

(4) Rules, regulations, and standard operating guidelines. The Chief shall prepare rules, regulations and standard operating guidelines for the proper operation of the Department. Such rules, regulations and standard operating guidelines shall be in addition to the provisions of this chapter. Rules, regulations, policies and procedures and standard operating guidelines developed for promulgation by the Chief shall be approved by the Village Board before becoming effective, including operational procedures, policies and job descriptions for all personnel. The Village Administrator, before their submission to the Village Board, shall review all such documents. All members of the Department shall be provided with access to all such rules, regulations and standard operating guidelines once they become effective.

(5) Reports. The Chief shall submit such written reports to the Village Board as deemed desirable by the Village Board. An annual report for the calendar year ending on December 31 shall be submitted no later than the first of April each year. This report shall detail the condition of all apparatus and equipment, number of fire-EMS calls and total number of members in the Department. This report shall also contain an overview of the total Department operations of the past year in regard to training programs and needs of the Department now and in the coming year.

(6) Record maintenance. Except where properly delegated to a subordinate, the Chief shall be the custodian of all official, nonpersonnel records of the Department. Such records shall include, at a minimum, those required by the Board, Village ordinances, and Wisconsin Statutes. The Chief shall be responsible for insuring the security of records subject to the Health Information Privacy and Accountability Act (HIPPA). The Village Clerk-Treasurer is the custodian of all Village personnel records and their security.

(7) Equipment. The Chief shall determine the needs of the Department in evaluating the use of current equipment and assessing and researching the need of additional equipment necessary to protect Village residences and businesses.

(8) Attendance at fire service calls. In accordance with the policies and procedures of the Department, the Chief, or Chief's designee, shall attend all fire calls in the Village, non-Village service areas and elsewhere when the Department has responded to render mutual aid to another department. If the Chief, or the Chief's designee, is unavailable, the highest-ranking officer of the Department in attendance shall have the same powers and duties as the Chief.

(9) Attendance at emergency medical service calls. In accordance with the policies and procedures of the Department, the Chief, or the Chief's designee, shall attend emergency medical service calls to which the Department is called. In the absence of the Chief, or the Chief's designee, the highest-ranking officer in attendance shall have the same powers and duties as the Chief.

(10) Power to suspend, demote or terminate Department employees. The Chief shall have the power to suspend, demote or terminate any officer or member of the Department for just cause in consultation with the Village Administrator, pursuant to the Village Personnel Policy and Procedures Manual.

(11) Fiscal responsibility. At the direction of the Village Administrator, the Chief shall file with the Administrator a detailed estimate of appropriations needed for the conduct of the Department during the ensuing fiscal year.

(12) Other duties. The Chief shall perform such other duties as are incumbent upon the Chief as commanding officer of the Department and as may be directed from time to time by the Village Board or Village Administrator.

(13) Arson reports: report all fires in which arson is suspected to the Village police, Sheriff's Department and State Fire Marshal.

(14) Fire safety inspections and inspection records maintenance. In accordance with § Comm 14.02(2) of the Wisconsin Administrative Code, the Chief shall be responsible for the conduct and documentation of firesafety inspections within the Village.

(15) Removal. If the Chief fails to perform his/her duties as described by this chapter or to comply with the rules and regulations of appropriate governmental authorities or agencies in connection with his/her duties as Chief, he/she may be removed from office by the Board of Police and Fire-EMS Commissioners. In the absence of any appropriate policy or procedure, the Village personnel policies and procedures shall prevail.

(16) Disciplinary action, grievances and appeals. Any member of the Department who is suspended, demoted, or terminated or is subject to any other disciplinary action shall have the right to appeal the suspension, demotion, termination or other disciplinary action to the Board of Police and Fire-EMS Commissioners. In the absence of any appropriate policy or procedure, the Village personnel policies and procedures shall prevail.

§ 22-9 Chief Fire Inspector.

A. Unless otherwise determined by the Village Board, the Fire-EMS Chief shall serve as Chief Fire Inspector. If, in the event, the Board wishes to separate the positions of Chief Fire Inspector and Fire-EMS Chief, the Chief shall recommend an appointment to the Village Administrator, which shall be subject to approval by the Village Board.

B. Duties and responsibilities. The Chief Fire Inspector shall be the administrator of the Bureau of Fire Prevention. The Chief Fire Inspector shall be responsible for the direct administration and enforcement of the Village of Johnson Creek Fire Prevention Code. The Chief Fire Inspector shall supervise and manage public education programs, code enforcement and all fire investigations.

§ 22-10 Assistant chief; fire inspector; captain; lieutenant; fire fighters; EMS personnel; supportive staff.

A. Appointment. The Chief shall make recommendation to the Village Board for the appointment of those qualified individuals to the positions of:

[Amended 1-16-2007 by Ord. No. 05-07]

(1) Deputy Fire-EMS Chief or Deputy Fire Chief and Deputy EMS Chief.

(2) Assistant Fire-EMS Chief(s), Assistant Fire Chief(s) and/or Assistant EMS Chief(s).

(3) Captain(s).

(4) Lieutenant(s).

(5) Fire fighter-emergency medical technician.

(6) Fire fighter.

(7) Emergency medical technician.

B. Appropriate examination and interview procedures used. The Chief shall utilize appropriate employment assessment procedures based on nationally recognized guidelines related, including, but not limited to, ability to pass physical job-related functions, a written and medical examination and oral interviews. Where relevant, current Department policies and procedures and Village personnel policies, procedures and labor contract provisions (if any) shall apply.

C. Duties and responsibilities. The authority, duties and responsibilities of the aforementioned positions shall be as presented in the Department job descriptions, which shall reflect Department policies and procedures and standard operating guidelines.

D. Probationary period. All Department personnel shall serve a one-year probationary period. The Chief shall have the authority to dismiss all Department personnel, except for the position of Assistant Chief, within the one-year probationary period, pursuant to the Village personnel manual. Dismissal of the Assistant Chief requires Village Board approval.

§ 22-11 Legislative intent.

The provisions of this article, so far as practicable, shall be construed in conjunction with and in furtherance of the provisions of § 62.13, Wis. Stats., and Ch. 589 of the Laws of 1921, Ch. 423 of the Laws of 1923, and Ch. 586 of the Laws of 1911 and shall be construed as an enactment for the purpose of providing a uniform regulation of the Department in the Village of Johnson Creek, consistent with the statewide enactment regulating cities and villages.

§ 22-12 Authority at emergency incidents.

A. Incident command system. Operations of the Department shall be organized and managed using an incident command system. The incident command system is described in the Department's policies and procedures for both services.

B. Limited access and removal of property. The Chief and the incident commander may prescribe certain limits near any emergency incident within which no persons, excepting fire fighters, EMTs and police officers and those admitted by order of the incident commander, shall be permitted to be present. The Chief and the incident commander shall have the power to cause the removal of any property whenever it shall become necessary for the preservation of such property from fire or to prevent the spreading of fire or to protect the adjoining property, and during the progress of any fire, or other incident over which he/she has control, he/she shall have the power to order the removal or destruction of any property necessary to prevent the further spread of fire and the authority to preserve evidence of suspected arson. The Chief and the incident commander shall also have the power to cause the removal of all wires or other facilities and the turning off all electricity or other services where the same impedes the work of the Department during the progress of a fire or other hazardous situation.

C. Resistance to operations. It shall be lawful for any fire fighter, while acting under the direction of the Chief or the incident commander, to enter upon the premises adjacent to or near any building or other property then on fire or in a hazardous environment for the purpose of extinguishing such fire or mitigating such hazards. In case any person shall hinder, resist or obstruct any fire fighter in the discharge of his/her duty as is herein before provided, the person so offending shall be deemed guilty of resisting fire fighters in the discharge of their duty.

D. Damage to Fire-Emergency Medical Service Department property. No person shall willfully injure in any manner any hose, hydrant, fire apparatus or equipment belonging to the Village of Johnson Creek, and no vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway or any other place, to be used at any fire or alarm of fire, without the consent of the incident commander in command of the emergency.

§ 22-13 False alarms.

§ 22-14 Village financial administrative policies and procedures.

Donations, purchasing and expenditure of tax and non-tax moneys. The Chief shall comply with the Village of Johnson Creek Municipal Code and established financial policies and procedures therein.

§ 22-15 Police powers of the Fire-Emergency Medical Service Department.

The Chief and any assistants or officers in command at any fire or EMS scene are hereby vested with full and complete police authority of that scene.

§ 22-16 Failure to yield to emergency vehicles.

The Chief, any assistant or officer of the Department may cause the arrest of any person failing to give the right-of-way to fire or ambulance equipment responding to an alarm.

§ 22-17 Fire lines.

The Chief, any assistant or officer of the Department may erect fire line barriers in the vicinity of any fire or EMS scene beyond which no persons, excepting fire fighters, EMTs, policemen and those admitted by order of any officer of the Department, shall be permitted.

§ 22-18 Fire barriers.

The Chief, any assistant or officer of the Department may cause the removal of any property whenever it shall become necessary to prevent the spreading of fire or to protect adjoining property, and during the progress of any fire, he may order the removal or destruction of any property necessary to prevent the further spread of the fire. He may cause the removal of all wires or other facilities and the turnoff of all electricity or other services where the some impedes the work and safety of the Department during the progress of the fire.

§ 22-19 Citation authority.

The Chief and any other officer or member of the Department, as the Chief may dictate, shall have the authority to issue municipal citations to any person or entity deemed to be in violation of any portion of this article, including any adopted code or standard. Upon conviction, the person or entity issued the citation shall pay a forfeiture in addition to which any court costs and associated fees shall be also be assessed.

§ 22-20 Assessment schedule.

The forfeitures to be imposed for violations of this article, including adopted codes and standards, are included in an assessment schedule which is attached to this ordinance.[1]

[1] Editor's Note: The assessment schedule is on file in the Village offices.

§ 22-21 Recovery costs.

Any person or organization who violates the terms of this article and, as a result, causes the dispatch and/or deployment of fire-fighting equipment or personnel to control or extinguish the fire or to protect life or property, in addition to other fines and forfeitures, may be required to pay all costs and expenses incurred by the Village as a result of the dispatch or deployment of fire-fighting equipment or personnel. Such costs and expenses shall be calculated by the Chief and submitted to the Village Board for its review, consideration and approval. Such costs shall be assessed against the property in accordance with the provisions of § 66.0627, Wis. Stats.

§ 22-22 Ambulance emergency medical services.

A. Services and records provided. The Department shall provide ambulance and emergency medical service. All necessary records required by the Wisconsin Department of Health and Family Services will be kept on file in the Department's offices and overseen by the Chief or the Chief's designee.

B. Operating guidelines. The Chief, or the Chief's designee, shall be the head of the ambulance and emergency medical services and shall be subject to the laws and statutes of Wisconsin, Village ordinances and the rules, regulations, policies and procedures, and standard operating guidelines of the Department.

C. Person in charge. The Chief may elect to place a person in charge of the EMS. Such person shall be known as the "Assistant Chief-EMS, Division of Emergency Medical Services," who shall be subject to the job description for that position and under the direction of the Chief and the Department medical director and subject to all the rules, regulations, policies, procedures and standard operating procedures of the Department and this article.

D. Ambulance call charges. Fees for ambulance service for conveyance of both Village residents and nonresidents shall be as determined from time to time by the Chief or the Chief's designee and approved by resolution of the Village Board.

§ 22-23 Statutes incorporated.

A. Incorporation of Wisconsin Statutes. Chapter 166.20(5)(a)1 through 6, (5m), (6), (7m) and (8), Wis. Stats., as the same presently exist or as may be modified from time to time, are incorporated herein by reference. Inspection and enforcement of the statutory provisions, to the extent in § 166.20(7m) and (8), Wis. Stats., shall be performed by personnel of the Fire-EMS Department.

B. Penalties. The penalty provisions in § 166.20(11)(a) through (e), Wis. Stats., are incorporated herein by reference.

§ 22-24 Violations and penalties.

Except as otherwise provided, any person found to be in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in this article.