Charter of the City of Stockton

ARTICLE XVI
FIRE DEPARTMENT

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SECTION 1600. Organization

The Fire Department shall consist of a Fire Chief and such other officers, members, and employees as the Council may from time to time prescribe.

(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71)

SECTION 1601. Powers and Duties

The Fire Department shall enforce all ordinances and laws and shall supervise all matters relating to the prevention, control, and extinguishment of fires and the protection of the property impaired thereby, and the prevention and control of fire hazards within the City.

(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71)

SECTION 1602. Fire Chief

The Fire Department shall be under the control, management, and direction of a Fire Chief. He shall be appointed by the City Manager from among the chief officer ranks. He shall hold the rank of Chief permanently, under civil service rules and regulations, and shall be suspended, removed, or discharged only in the same manner and for the same reasons as any other member of the Department, provided that the demotion of the Fire Chief shall not accomplish his dismissal from the Department, but upon such demotion he shall be restored to the same rank and grade as he held prior to such appointment as Fire Chief.

He shall with the approval of the City Manager, have management, control and direction of the personnel of the Department and shall have charge of all property and equipment of such Department. He shall have full power to detail any officer or member of the Department to such public service as may be necessary. He shall recommend in writing to the City Manager that disciplinary action be taken against members of the Department if he deems it necessary, stating his reasons therefor, and shall immediately file a copy of said recommendations with the Civil Service Commission. He shall exercise all powers and duties provided by the general law or the ordinances of the City Council. He shall devote his entire time to the discharge of the duties of his office.

(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 6/4/74 effective 8/21/74)

SECTION 1603. Absence of Fire Chief

In the event of the absence or disability of the Fire Chief, or vacancy in such office, the City Manager shall designate the Deputy Chief or other chief officer to assume charge of the Department until the Chief returns or his successor is appointed.

(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 10/9/73 effective 1/17/74; Amended Election 6/4/74 effective 8/21/74)

SECTION 1604. Deputy Fire Chief

The Chief of the Fire Department shall have the power to appoint at his discretion, without competitive examination, a Deputy Fire Chief from among the chief officer ranks. After appointment, the Deputy Fire Chief shall hold said rank at the pleasure of the Fire Chief. His demotion from the office of Deputy Fire Chief shall not accomplish his dismissal from the Department, but he shall be restored to the rank and grade held by him immediately prior to his appointment as Deputy Fire Chief unless charges of dismissal or demotion are brought as provided elsewhere in this Charter.

(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71; Amended Election 10/9/73 effective 1/17/74; Amended Election 6/4/74 effective 8/21/74)

SECTION 1605. Assignment of Chief Officers

The Fire Chief shall have the power to assign his chief officers to fill the necessary supervisory positions in the Fire Department, and shall assign a chief officer as Fire Marshal and a chief officer as Director of Training.

(Added Election 6/4/74 effective 8/21/74)

SECTION 1606. Temporary Fireman

In case of emergency, the City Manager may appoint additional firemen and officers for temporary service, who need not be in the classified service. Such authority shall be exercised only under the direction and control of the Fire Chief and for a specified time, and all such appointees shall be subject to and obey all rules and regulations of the Fire Department.

(Repealed Election 10/14/47 effective 3/3/48; Added Election 10/12/71 effective 12/6/71)

SECTION 1607. Impartial and Binding Arbitration for Employee Disputes

(a) Declaration of Policy. It is hereby declared to be the policy of the City of Stockton that strikes by firefighters are not in the public interest and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes.

(b) Prohibition Against Strikes. If any firefighter employed by the City of Stockton willfully engages in a strike against the City, said employee shall be dismissed from his or her employment and may not be reinstated or returned to City employment except as a new employee. No officer, board, council or commission shall have the power to grant amnesty to any employee charged with engaging in a strike against the City.

Obligation to Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with recognized Fire Department employee organizations on all matters relating to the wages, hours, and other terms and conditions of City employment, including the establishment of procedures for the resolution of grievances concerning the interpretation or application of an [sic] negotiated agreement. Unless and until agreement is reached through negotiations between authorized representatives of the City and a recognized employee organization for the Fire Department or a determination is made through the impartial arbitration procedure hereinafter provided, no existing benefit, term or condition of employment for said Fire Department employees shall be altered, eliminated or changed.

(d) Impasse Resolution Procedures.

(1) All disputes or controversies pertaining to wages, hours or terms and conditions of employment which remain unresolved after good faith negotiations between the City and a Fire Department employee organization should be submitted to a three (3) member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute.

(2) Representatives designated by the City and representatives of the recognized employee organization involved in the dispute shall each select and appoint one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the City and the employee organization, and shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the City and the recognized employee organization involved in the dispute cannot agree upon the selection of the neutral arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, either party may then request the State Mediation and Conciliation Service of the State of California Department of Industrial Relations to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the City and the employee organization cannot agree within three (3) days after receipt of such list on one (1) of seven (7) persons to act as the neutral arbitrator, they shall alternately strike names from the list of nominees until one (1) name remains and that person shall then become the neutral arbitrator and Chairperson of the Arbitration Board.

(3) Any arbitration proceeding convened pursuant to this Article shall be conducted in conformance with, subject to, and governed
(SECTION 1607 Continued)

by Title 9 of Part 3 of the California Code of Civil Procedure. The Arbitration Board shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Arbitration Board, in the exercise of its discretion, may meet privately with the parties and mediate or mede-arb issues in dispute. The Arbitration Board may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process.

(4) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time limit as the Arbitration Board may establish, a last offer of settlement on each of the remaining issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits and terms and conditions of public and private employment, including, but not limited to the following: changes in the average consumer price index for goods and services; the wages, hours, benefits and terms and conditions of employment of employees performing similar services; and the financial condition of the City of Stockton and its ability to meet the costs of the decision of the Arbitration Board.

(5) After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to
the parties. During that ten (10) day period the parties shall meet privately, attempt to resolve their differences, and by mutual agreement amend or modify the decision of the Arbitration Board. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board, as it may be modified or amended by the parties, shall be publicly disclosed and shall be binding on the parties. The City and the employee organization shall take whatever action is necessary to carry out and effectuate the arbitration award. No other actions by the City Council or by the electorate to confirm or approve the decision of the Arbitration Board shall be permitted or required.

(6) The expenses of any arbitration proceeding convened pursuant to this Article, including the fee for the services of the chairperson of the Arbitration Board and the costs of preparation of the transcript of the proceeding shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses.

(Repealed Election 10/14/47 effective 3/3/48; added Election 11/3/92 effective 1/13/93.)
(Note: This amendment to previously numbered Section 7• [Measure V initiated by Stockton Firefighters Local 1229] was passed by a vote of 29,299 [52.3%] at the 11/3/92 election.)

SECTION 1608. Restrictions

No arbitration decision under this Article may be enforced nor may any additional financial costs be imposed on the taxpayers of the City as a result of any such arbitration decision without approval of the voters in a Citywide election. Notwithstanding any other provision of this Article, no wages, benefits, or expenses relating to terms and conditions of employment shall be paid by the City pursuant to any arbitration decision under this Article unless and until additional revenues and appropriations therefor have been approved in a Citywide election by a majority vote or any such greater voting percentage as may be required by any applicable provision of the California Constitution and/or State statutes. The City Council shall not be required to call an election under this Section more than once in any calendar year and may consolidate any such election with elections held for other purposes.
• This section number refers to a numbering system that was in place prior to the Election of 11/8/94.

(Repealed Election 10/14/47 effective 3/3/48; Added Election 11/3/92 effective 1/13/93)

(Note: This amendment to previously numbered Section 8• [Measure U initiated by the City of Stockton] was passed by a vote of 28,929 [51.7%] at the 11/3/92 election.)

Historical Notes:

Section 9•:Repealed Election 10/12/71 effective 12/6/71

Section 10•:Repealed Election 10/14/47 effective 3/3/48

• These section numbers refer to a numbering system that was in place prior to the Election of 11/8/94