Agenda - Council - 08/09/1994 - Laserfiche WebLink

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Recommendation: Given the recent law change, if the City of Ramsey continues to allow for term limits for the Chief and Assistant Chief positions, there is the potential veteran's preference lawsuit as a result. For example, a Fire Fighter is promoted to the position of Fire Chief for a term of two years and at the end of the two years decided that he/she still wanted the position of Fire Chief but the City wanted to name another person to the position. This could be seen as a demotion and therefore, subject to the Veteran's Preference Act. Demotion, according to the Veteran's Preference Act, is considered a removal and the Veteran's Preference AcT therefore applies. A change in job duties which lowers a veteran's rank, grade or position constitutes a demotion. Just as the Police Chief or City Engineer have no specific term but serve at the pleasure of the Council, so also should the ranking officers in the Fire Department. Pro's for Officer Term Limits: 1. A chance for promotional opportunities for more fire fighters. Con's for Officer Term Limits: 1. Less continuity for the Ci~, in that we just get officers trained in processes and procedures only to find their term expired. 2. Litigation upon completion of the term, if the person is a veteran. City Administrator Schroeder and I recommend that the positions of Fire Chief and Assistant Fire Chief have no term limits. In discussions with the Fire Chief, all other Fire Department Officers (Training, Safety, etc.) are seen as one or two year temporary work assignments for mining purposes, similar to that of Investigator in the Police Department. Given that, there is no proposed change in these positions in that the same veteran's preference concern doesn't seem to exist. Rather than rely upon term limits, the City Administrator will perform an annual performance evaluation on the Fire Chief (as the Fire Chief will perform one on the Assistant Fire Chief) to assess job performance. The above change has the side benefit of reinforcing the fact that the Fire Department is a department of the City (pursuant to our Organizational Chart) rather than a separate entity. Committee Action: Eliminate terms for the Fire Chief and Assistant Fire Chief while continuing work assignment procedure for other officer positions. Review Checklist: Cit-3,, Administrator Administrative Services Manager PC: 08/9/94 Also distributed to: Fire Chief Assistant Fire Chief