West Shore Fire District Charter

WEST SHORE FIRE DISTRICT

CITY OF WEST HAVEN

**Draft for Review**

PROPOSED CHANGES 2010

PREFIX

CONSTRUCTION OF CHARTER WORDS AND PHRASES

1.       In the construction of this charter, words and phrases shall be construed according to the commonly approved usage of the language and technical words and phrases and such as have acquired a peculiar and appropriate meaning in the law shall be construed and understood accordingly.

2.       Words importing the masculine gender may be applied to female.

3.       Words importing the feminine gender may be applied to males.

4.       Whenever a title which denotes gender is applied to an individual, the title shall suit the gender of the individual

CHAPTER I

SECTION 1. INCORPORATION AND GENERAL POWERS

All inhabitants of that part of the City of West Haven known as the West Shore Fire District as said District is now designated or may hereafter  be designated qualified to vote as set forth in Section 7-6 of the Connecticut General Statutes, as may be amended from time to time, are created a body politic and corporate by the name of the West Shore Fire District of the City of West Haven (hereinafter called the District) and by that name and their succors shall have the perpetual succession, and may hold and exercise all powers and privileges, heretofore exercised by said District and not inconsistent with the provisions of this charter.

SECTION 2. BOUNDARY LINES

The boundary lines of the West Shore Fire District are defined in Special Act 137 of 1931, entitled “An Act Defining the Boundary Lines of the West Shore Fire District of the Town of West Haven” , and the provisions of said Special Act are incorporated herein and made a part hereof as if specifically set forth herein. These boundaries are also set forth on map #811, 1”=800’, entitled “West Shore Fire District”, dated April, 1971, and filed August 16, 1973 in the West Haven Town Clerk’s Office. The boundaries or territorial limits of this District may be enlarged or reduced in the manner set forth in Chapter 105, Section 7-325 of the Connecticut General Statutes, as amended from time to time.

SECTION 3. FUTURE COMPANIES

Any future companies that are deemed necessary for fire protection within said District shall be organized by a vote of the Fire Commissioners and approved by the voters at the Annual Meeting.

SECTION 4. RIGHTS AND OBLIGATIONS

All property, both real and personal, all rights of action and right of every description, and all securities and liens vested or inchoate in said District, as of the effective date of this Charter, are continued and will be vested in said District; and said District shall continue to be liable for all debts and obligations of every kind, for which the District shall be liable on said date whether accrued or not. Nothing herein shall be construed to affect the right of the District to collect any assessment, charge, debt, or lien in existence at the time this Charter is adopted. Any contract of the District prior to the effective date of this Charter, or any bond, note or undertaking  given by or in favor of said District, shall in no manner be impaired by the adoption of this Charter, but shall continue in full force and effect.

SECTION 5. GENERAL GRANT OF POWERS

The District shall have, in addition to the powers specifically granted by this Charter and the General Statutes of the State of Connecticut pertaining to Fire Districts, as amended from time to time, all powers necessary to accomplish the objects of a fire department to extinguish fires and promote, protect, enhance, and further the general health, welfare and property values of its inhabitants. The District shall further have and exercise all of the powers and duties granted to fire districts pursuant to the provisions of Chapter 105, Sections 7-324 to 7-329 inclusive, of the General Statutes, as amended from time to time. The district shall have the powers, not inconsistent with the General Statutes, impliedly incident to and in relation to the objects for which it was established, that are necessary for the accomplishment of such objects, including the power to lay and collect taxes. The District shall have all other powers incident to the ownership of property and the management of property and the affairs of the District, including the power to enter into contracts with the United States, the State of Connecticut or any political subdivision thereof including the City of West Haven and any other town, city, borough or other district for carrying out any of the purposes which further or enhance the objects for which the District was established. The District shall have the power to contract for services and the use of facilities, the exercise of which powers is not expressly forbidden by the Constitution and the Connecticut General Statutes. The enumeration of particular powers in this and any other article of this Charter shall not be construed as limiting this general grant of powers but shall be considered as in addition thereto.

SECTION 6. BORROWING AND ISSUING

The West Shore Fire District, acting by and through its Board of Fire Commissioners, is authorized to borrow and issue, in the name of, on behalf of and upon the full faith and credit of said District, bonds, notes or other certificates of indebtedness for any of its corporate purposes, including, but not limited to, the purchase, construction, maintenance, and repair of firehouses; the purchase, maintenance and repair of fire engines and fire equipment and the purchase, construction maintenance and repair of any other District property, real or personal, subject only to the provisions of Chapter 109 of the Connecticut General Statutes, (See Special Act 83-13) as it may from time to time be amended, applicable to municipalities or fire districts generally, except for a special limitation that will apply on the borrowing for bonds, notes or other certificates of indebtedness. The limitation will be such that the amount of borrowing authorization, combined with the present debt, from borrowing on the bonds, notes, or other certificates of indebtedness, shall not exceed One Hundred Fifty Per Cent (150%) of the previous year’s annual taxation receipts; however, in the case of a major disaster due to storm, fire, or any man made disaster  the special limitation will not apply.

     Said District shall, by majority vote, on paper ballots or by a “Yes” or “No” vote on voting machines, of the District voters present at a meeting duly called for such purpose, at a time and place designated by the Board of Fire Commissioners, subject to the limitations of this Charter or General Statutes, and warned by publishing a notice thereof in a newspaper having a circulation in said district at least thirty (30) days previous to the holding of the meeting, determine the form of such bonds, notes, bond anticipation notes or other certificates of indebtedness, the par value there of, the time of issue, the manner of signing, countersigning, selling, exchanging, or otherwise disposing of the same and the person or persons who shall execute, negotiate, and deliver the same for and on behalf of said District. When so issued, such bonds, notes, and certificates of indebtedness shall be binding upon said District and upon the inhabitants and property thereof according to the tenor and purport of the same. Such bonds, notes, bond anticipation notes or other certificates of indebtedness may be issued and sold at public or private sale at such price as the District by such vote may determine (See Special Act 83-13).

SECTION 7. SPECIAL ACTS

Special Acts and Special Laws relating to the West Shore Fire District, the Board of Fire Commissioners, and the West Shore Fire Department, excepting for Special Act No. 83-13, entitled “AN ACT CONCERNING THE WEST SHORE FIRE DISTRICT OF THE TOWN AND CITY OF WEST HAVEN”, are repealed as of the effective date of this Charter.

SECTION 8. ELIGIBILITY TO VOTE

Any person who is an elector of the City of West Haven, residing within this Fire district, and any citizen of the age of eighteen (18) years of age or more who, jointly or severally, is liable to the Fire District for taxes assessed against him on an assessment of not less than One Thousand Dollars ($1,000.00) on the last completed Grand List of such District, or who would be so liable, if not entitled to an exemption under subdivision (17),(19),(22),(23),(24),or (26) of Section 12-81 of the Connecticut General Statutes, may vote at the annual meeting , at any special meeting, and for the nomination of Fire Commissioner and at the annual election of Fire Commissioner.

Any citizen who jointly or severally is liable to the District for taxes assessed against him on an assessment of not less than One Thousand Dollars ($1,000.00) on the last completed Grand List shall be eligible to vote, as stated afore said, by displaying his current tax bill or Proof of Exemption, if applicable, to the election official designated by the Board of fire Commissioners.

SECTION 9. FISCAL YEAR

THE FISCAL YEAR OF THE WEST Shore Fire District shall be the same as that of the City of West Haven.

CHAPTER II

BOARD OF FIRE COMMISSIONERS

SECTION 1. The District shall be governed by a Board of Fire Commissioners consisting of three (3) electors who reside within the District and are not paid full time firefighters of, or receiving a pension from the West Shore Fire District OR ANY OTHER FIRE DISTRICT WITHIN WEST HAVEN.

SECTION 2. The Board of Fire Commissioners in office on the effective date of this Charter shall serve for the balance of the terms to which they were elected as Fire Commissioners for the West Shore Fire District of the City of West Haven.

SECTION 3. Said Board of Fire Commissioners shall have the general management and control of the Fire Department. The Board shall supervise, advise and consult with the Fire Chief concerning matters pertaining to the Chief’s duties and to the conduct of the Department, and shall make all rules and regulations relating to the administration of the Department which it may deem necessary or advisable. Said Board shall have the care and custody of the property and equipment used by said Fire Department. Said Board is authorized to purchase apparatus, equipment, and supplies for said Department and to repair, alter, sell, exchange said property. No expenditures shall be made in excess of Two Thousand Five Hundred Dollars ($2,500.00) without written bids submitted for same. The Board of Fire Commissioners is further authorized to set fees for services as allowed for or not precluded under State Statute.

Expenditures shall be drawn upon purchase orders signed by at least two (2) members of the Board of Fire Commissioners.

SECTION 4.  The members of the Board of Fire Commissioners shall serve without compensation. Upon approval of a majority of the Board of Fire Commissioners, an individual member of said board shall be reimbursed for expenses incurred by him in the performance of his duties upon submission of proper vouchers. Said expenses shall be drawn from the expense account of the Board of Fire Commissioners as authorized in the annual budget.

SECTION 5. A Chairman shall be annually elected by a majority of the Board of Fire Commissioners at the Board’s first regular meeting next following the SWEARING IN OF THE NEWEST ELECTED Fire Commissioner. A majority of the Board of Fire Commissioners shall annually appoint a person to serve, for a term of one (1) year from July 1 in the year of his appointment or until his successor is appointed and qualified, both as Secretary and Treasurer of the District and Clerk of the Board of Fire Commissioners. Said appointee shall not be a member of the Board of Fire Commissioners and his annual compensation shall be determined by said Board as set forth and approved in the annual budget. Prior to engaging in the performance of their duties, each member of the Board of Fire Commissioners and the Secretary – Treasurer of the District shall furnish to the District a good and sufficient bond for not less then Fifty Thousand Dollars ($50,000.00) conditioned upon the faithful performance of their duties. The premiums for said bonds shall be satisfied by the District.

SECTION 6.  The Board of Fire Commissioners shall appoint a Fire Chief and such other fire officers, firefighters, agents and employees as in the judgment of the Board shall be necessary for the proper operation of the West Shore Fire Department.

SECTION 7.

A.      All candidates for the position of Chief shall be full time paid firefighters in the West Shore Fire District for a period of not less then ten (10) years and shall hold the position of a career fire officer or above. The candidate must hold a bachelor’s degree, preferably in fire science or related subjects, have a thorough knowledge of the rules and regulations of the District and all fire prevention laws and regulations. The candidate must have an extensive knowledge of modern fire fighting and emergency service methods and equipment, fire department hydraulics and the principles of public administration. The candidate must be able to direct effectively with good judgment under emergency conditions. If, in the opinion of the Board of Fire Commissioners, a qualified candidate for Fire Chief is not available from within the West Shore Fire Department, the Board of Fire Commissioners shall have the power and authority to appoint a Fire Chief from outside the Department, with the above restrictions. However, after appointment and prior to commencement of his duties, the Fire Chief must be, and at all times remain during his tenure in office, a resident of the City of West Haven. The appointment of a Fire Chief and all other appointments or promotions in the West Shore Fire Department shall require a majority vote of the Board of Fire Commissioners.

B.      The Board of Fire Commissioners is hereby authorized to enter into a personal service contract with Chief Level Officers for no less than five years.

SECTION 8. The Fire Chief AND ANY OTHER Chief Level OFFICERS shall not be dismissed by the Board of Fire Commissioners unless he has been given notice in writing of the specific grounds for such dismissal and an opportunity to be heard in his own defense, personally or by counsel, at a public hearing before the Board of Fire Commissioners. Such public hearing shall be held not less than ten (10) nor more than fifteen (15) days after such notice. Any person so dismissed may appeal within thirty (30) days following such dismissal to the Superior Court in and for the Judicial District of New Haven at New Haven, Connecticut. Service shall be made as in civil process. Said court shall review the record of such hearing; and if it appears upon the hearing that testimony is necessary for am equitable disposition of the appeal, it may take evidence or appoint a referee or a committee to take such evidence as it directs and report the same to the Court with his or its findings of fact, which report shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court, upon such appeal, and after a hearing thereon, may affirm the action of the Board of Fire Commissioners, or may set the same aside if it finds that such Board acted illegally or arbitrarily, or in abuse of its discretion, or with bad faith or malice.

SECTION 9.  By a majority vote, the Board of Fire Commissioners may remove, dismiss, suspend with or without pay, reduce in rank, and otherwise discipline for just cause shown, all firefighters and fire officers of the West Shore Fire Department. No discipline shall be made for political reasons. No such firefighter or fire officer shall be disciplined unless he has been given notice in writing of the specific charges against him and an opportunity to be heard in his own defense, personally or by counsel, at a hearing before the Board of Fire Commissioners. Such hearing shall be held not less then ten (10) nor more than fifteen (15) days after such notice. Charges against all employees of the Fire Department, excepting the Chief, shall be referred by the Chief and presented and heard before the Board of Fire Commissioners.  Charges against the Fire Chief shall be addressed by the Board of Fire Commissioners in accordance with the procedure set forth in this Charter. (See Section 8, Chapter II)

This section shall be operative in the absence of disciplinary administrative remedies in a labor agreement.

SECTION 10 The Board of Fire Commissioners shall establish the wages and benefits for all employees of the West Shore Fire District.

SECTION 11.  The Board of Fire Commissioners may enter into an agreement with any volunteer fire company or companies within the West Shore Fire District for the protection thereof from fire, on such terms and conditions as to financial assistance and the observance of the regulations of the Board of Fire Commissioners, as the Board of Fire Commissioners prescribes from time to time.

SECTION 12 ANNUAL MEETING At the annual District Meeting, the Board of Fire Commissioners shall submit a recommended budget, and the rate of taxation to be levied and collected in the District for the ensuing year. The Commissioners may include in said proposed budget a line item appropriation for the specific purpose of replacing and/or purchasing fire apparatus. The Board of Assessors of the City of West Haven shall prepare a list of the property taxable within the District in the manner and at the time prescribed by law. The Tax Collector of the City of West Haven shall collect such tax and pay it over to the Secretary-Treasurer of the District pursuant to Section 12-147 of the Connecticut General Statutes; provided, however in the months of July, August , September, January, February, and March, the Tax Collector shall pay to the Secretary –Treasurer of the District Eighty Per Cent (80%) of the fire taxes collected in each of said months on the tenth (10^th), twentieth (20^th), and thirtieth (30^th) day of each said months.

SECTION 13 In the event of the resignation, death, or removal of a member of the Board of Fire Commissioners, a special meeting of the District for the purpose of nominating candidates shall be held within sixty (60) days. Election of a Fire Commissioner shall be held on the second (2^nd) Saturday following said special meeting in the manner hereinafter prescribed.

CHAPTER III

ANNUAL MEETING

SECTION 1 The Annual Meeting of the District shall be held on the first (1^st) Friday in May of each year at a time and place designated by the Board of Fire Commissioners.

A legal notice of said meeting shall be printed in a newspaper circulated in the District at least once, and should not be more then ten (10) days, nor less then five (5) days, prior to said first Friday in May. The notice shall be signed by the Chairman and Secretary-Treasurer of the District.

The Commissioners shall also attempt to have a newspaper article published concerning the Annual Meeting, which article shall be mailed, certified mail return receipt requested, within the aforesaid time period, to a newspaper with a circulation in the District.  The District shall post the Annual Meeting Agenda and proposed budget on its Web Site for the ten (10) days prior to the Annual Meeting. 

The agenda for the Annual Meeting shall be in the following order:

A.      Election of a Moderator who is an elector and resident of the District.

B.      Fire Chiefs report;

C.      Fire Board Chairman’s Report;

D.      Consideration of the Budget;

E*    Resolutions for borrowing of monies;

E.       Nomination for Fire Commissioner for three (3) years;

F.       Other business.

      Thirty-five (35) electors shall constitute a quorum at the Annual meeting, or any special meeting, and said meeting shall act by a majority of the eligible voters present.

A list of those eligible to vote at the Annual Meeting, or any special meeting, shall be prepared by the Board of Fire Commissioners. Said List shall consist of the eligible voters on the last voting list prepared by the Registrar of Voters and the eligible property owners on the last completed Grand List prepared by the Board of Assessors.

SECTION 2     NOMINATION FOR FIRE COMMISSIONER At the Annual meeting held on the first Friday of May, 1988, and triannually thereafter, on the first Friday of May, 1989, and triannually thereinafter, on the first Friday in May, 1990, and triannually thereafter, there shall be nominated candidates for the office of Fire Commissioner.

SECTION 3  If only one (1) person is nominated for the office of Fire Commissioner, the Secretary-Treasurer of the District shall, in the presence of the electors of the Fire District, cast one (1) ballot for such person with the Moderator of the Annual District Meeting; and such person shall thereupon be declared elected.

SECTION 4 ELECTION OF FIRE COMMISSIONER The election of said Fire commissioner shall be held on the Saturday Twenty-two (22) days) following the Annual Meeting between the hours of 8:00 am. to 8:00 p.m. by vote taken by voting machine at a place designated by the Board of Fire Commissioners.

The term of office for the Fire commissioner so elected shall commence on the first (1^st) day of July for a term of three (3) years. A list of those eligible to vote at said election shall be prepared by the Board of Fire Commissioners and said Board shall be responsible for the appointment and hiring of sufficient personnel for the conduct of such election and for the designation of the election official.

SECTION 5    ANNUAL BUDGET   The Board of Fire Commissioners shall have prepared its proposed annual budget prior to the Annual Meeting and make copies available to those eligible to vote no less then five (5) days prior to said annual Meeting. The Board of Fire commissioners shall submit its recommended budget at the annual Meeting.

ADDED”  The Board will take feedback from the public and may amend the budget from said feedback. WITHIN ITS DISCRETION, THE BOARD WILLHAVE 7 DAYS TO PRESENT AN “AMENDED” BUDGET BASED UPON THE FEEDBACK RECEIVED FROM THE PUBLIC. THE BUDGET WILL BE available in hard copy form at the City Clerk’s Office, and District firehouses AND WILL BE POSTED ON THE DISTRICT’S WEBSITE; as announced in a legal notice. 

The Board of Fire Commissioners shall present its findings relative to the effect said proposed BUDGET” would have on providing adequate fire service to the District WHEN THE BUDGET IS PRESENTED AND PUBLISHED.

THE BUDGET WILL THEREAFTER BE SUBMITTED FOR APPROVAL OR REJECTION TO THE ELECTORS OF THE DISTRICT ON THE SATURDAY, Twenty-Two (22 DAYS), AFTER THE ANNUAL MEETING FOLLOWING THE SAME VOTING PROCEDURE SET FORTH IN SECTION4

IF APPROVED by the electors of the District, THE BUDGET WILL BECOME EFFECTIVE. IN THE EVENT THAT THE BUDGET FAILS, the District would maintain the previous year’s budget.

The rate of taxation to be levied WILL BE DERIVED FROM THE APPOVED BUDGET AMOUNT

SECTION 6 SPECIAL MEETING  A Special Meeting of the District may be called upon the written request of two (2) Fire Commissioners, or upon the written request of thirty-five (35) electors of said District, and legal notice of said Meeting shall be given in the same manner as the Annual Meeting. Any Special Meeting must be for a specific purpose as proposed in the call of such Meeting and only that business may be conducted at such Meeting. Thirty-Five (35) electors shall constitute a quorum at said Special Meeting.

SECTION 7 COMMISSIONERS’ REGULAR MEETINGS The Board of Fire Commissioners shall set aside fifteen (15) minutes of its regular monthly meeting for public information. The public shall have the right to ask questions, in addition to making comments, and the Board members shall provide answers to the best of their knowledge. The Board of Fire Commissioners shall conduct monthly meetings at a date, time and place to be determined by said Board.

CHAPTER IV

SECTION 1  APPOINTMENTS AND PROMOTIONS  Except as otherwise provided for, from time to time, in a Collective Bargaining Agreement between the District and the employee organization designated as the exclusive representation of the District firefighters, applicants for membership or promotion in the permanent staff shall submit to a competitive examination. Excepting for the office of Fire Chief, the Board shall only appoint applicants or firefighters or fire officers who have successfully passed such examination. The Chief, AND ANY OTHER Chief Level OFFICERS upon HIS/HER appointment or promotion shall become and continue to be residents of the City of West Haven during HIS/HER tenure in office. All appointees shall pass a physical fitness test prior to becoming a professional firefighter.

SECTION 23.  FITNESS PROGRAM The Chief may conduct an ongoing physical fitness and wellness program for all employees.

CHAPTER VI

PENSION FUND

SECTION 1.   There shall be maintained in the West Shore Fire District of the City of West Haven, a fund known as the “Fireman’s Pension Fund”.

The Secretary-Treasurer of said District shall appropriate to said fund the monies necessary to pay the pensions required hereunder, at a rate of not less then Six Per Cent (6%) of the compensation of each full time paid firefighter or fire officer hired prior to July 1,1979.

The Secretary-Treasurer of said District shall appropriate to said fund the monies necessary to pay the pensions required hereunder, at a rate determined by the collective bargaining agreement in accordance with applicable Connecticut State Statutes as either or both may be amended from time to time.

SECTION 2 The “Firemen’s pension Fund” shall be under control of a Board of Trustees which shall consist of the Board of Fire Commissioners, the Fire Chief, and two (2) professional firefighters employed by the District. Said Board shall make all necessary rules and regulations for the control and deposit of said Fund. The Treasurer of the District shall receive and deposit all monies of said fund and shall make such payments from said Fund as may be ordered by a majority of said Board of Trustees.

 Section 3 The Board of Trustees may, at any time, order an examination to determine the physical condition of any employee retired due to disability, such examination to be made by a reputable physician to be designated by said Board.  Refusal or willful neglect for a reasonable time to submit to such examination shall be just cause for the discontinuance of the pension of such employee. There shall be a discontinuance of the pension to any employee when such employee has been restored to active duty or, upon such examination, has been found fit for active service and has refused to return thereto.

Section 4 If a full time employee has served said District for at least two (2) years prior to termination of employment for any reason except retirement under the provisions of this Charter, said Board shall pay him an amount equal to his contributions to said fund without interest. Effective July 1, 1974 without regard to the date of retirement, no employee will be paid a pension of less than Four Thousand Dollars ($4,000.00) annually.

The Board of Trustees of said Pension Fund may arrange to have an actuarial study and/or review of said Fund as the Board deems necessary.

CHAPTER VII

APPROVAL OF CHARTER

SECTION 1  Pursuant to Section 7-191 (f) Connecticut General Statutes, this amended Charter shall be prepared for ballot by the West Shore Board of Fire Commissioners and will be submitted in form of one (1) question, to wit:

“FOR APPROVAL OF THE AMENDED CHARTER FOR

THE WEST SHORE FIRE DISTRICT:

YES

NO”

SECTION 2 This Charter shall take effect upon its approval by the majority vote of electors of the West Shore Fire District present and voting thereon at the annual regular district meeting, warned and held for the purpose, to be held on Friday, May 7, 2010.

CHAPTER VIII

MISCELLANEOUS PROVISIONS

1. RECORDS TO BE OPEN All accounts and records of every office, department, board or committee of the fire District shall be open to the public at all reasonable times, except for such accounts or records that would be exempt from public inspection pursuant to the Freedom of Information Act of the State of Connecticut.

2. No person on disability compensation from any fire department shall be eligible for employment by the West Shore Fire District.

3. CODE OF ETHICS Any person whether elected or appointed, whether paid or unpaid, shall;

                   A. Put loyalty to the highest ethical and moral principles;

                   B. Give a full day’s labor for a full day’s pay, giving to the performance of his duties his earnest best thought;

                   C. Seek to find and employ more efficient and economical ways of getting tasks accomplished;

                   D. never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for  

                        renumeration or not, and never accept for himself, or his family, favors or benefits under circumstances

                        which may be construed by reasonable persons as influencing the performance of his duties;

                  E. Make no private promises of any kind binding upon the duties of his office;

                  F. Never use any information coming to him confidentially in the performance of his duties as a means for

                      Making private profit;

                  G. Expose corruption wherever discovered;

                  H. Uphold these principles ever conscious that public office is a public trust

                 I. ABIDE BY AND UPHOLD THE CODE OF ETHICS APPLICABLE TO ELECTED OFFICIALS OF THE CITY OF

                  WEST HAVEN.”

                 J. ABSTAIN FROM VOTING ON OR ACTING IN ANY WAY TO AFFECT WAGES, BENEFITS OR THE

                  FINANCIAL POSITION OF ANY FAMILY MEMBER.”

HOME RULE CHARTER COMMISSION MEMBERS

Brian Elliott, Chairman

Kevin McKeon

Patricia Libero

Robert Saley

Patricia Horvath