Question: Should sections be amended and new Sections 118-2 and 120-1 be enacted in order to establish an Emergency Medical Force in the Charter in similar manner to the Police Force and Fire Force?

Proposed Language:

§ 115     General Provisions

The City shall maintain a Police Force, Fire Force and Emergency Medical Force, and the Mayor shall be executive head of both forces. If these Forces are or shall be placed in a department in accordance with the provisions of Section 77 of this Charter, the director of this department shall be their executive head under the direction of the Mayor.

§ 118-2     Emergency Medical Force; Control by Chief [NEW]

The Emergency Medical Force shall consist of a Chief and such other paramedics, emergency medical technicians, emergency medical dispatchers and other employees as may be provided by ordinance or resolution of the Council. In case of riot or like emergency the Mayor may appoint additional paramedics, emergency medical technicians, emergency medical dispatchers and other employees for temporary service who need not be in the classified service. The Emergency Medical Chief shall have exclusive control over the stationing and transfer of all emergency medical service employees constituting the Emergency Medical Force under rules and regulations as may be established by the Mayor or by the director of the department of which the Emergency Medical Chief may immediately be responsible.

§ 119     Suspension of Police, Firefighters and Emergency Medical Force Employees

The Chief of Police, Fire Chief and Emergency Medical Chief shall have the exclusive right to suspend any of the officers or employees who are in the classified service and are under their respective management and control, for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given by the proper authority, or for any other just and reasonable cause. Prior to suspending any officer or employee of the police force, the Chief of Police shall ascertain whether a complaint on file with the Police Review Board relates to the conduct of the officer or employee in question. If so, the Chief of Police shall not suspend the officer or employee unless the Police Review Board concurs with the Chief’s decision, in accordance with Section 115-4 of this Charter.

If the Chief of Police, the Chief of Fire or the Emergency Medical Chief suspends an officer or employee under his or her control for a period not to exceed ten (10) working days, the Chief’s decision shall be final.

If the Chief of Police, Chief of Fire or the Emergency Medical Chief suspends any officer or employee under his or her control for more than ten (10) working days, the Chief concerned shall forthwith in writing certify the fact, together with the cause for the suspension, to the director of the department to whom he may be responsible, or if there be no such director then to the Mayor, who within five days from the receipt of such certificate shall, either personally or through a hearing officer appointed by the Director or the Mayor, hold a hearing into the cause of the suspension in accordance with the requirements of due process of law and render judgment thereon, which judgment, if the charge be sustained, may be suspension, reduction in rank, or dismissal and such judgment shall be final, except as otherwise hereinafter provided. If a hearing officer is used, and the Mayor or the Director of the department to whom the Chief may be responsible shall promptly upon receipt of the hearing officer’s report and recommendations review the report and recommendations of the hearing officer and render a decision. The Director or the Mayor shall cause a copy of the written certification of suspension by the Chief and the cause giving rise to such suspension, the hearing officer’s report and recommendations, and the decision of the Mayor or the Director to be filed with the Civil Service Commission. The Director or a hearing officer in any such hearing shall have the same power to administer oaths and secure the attendance of witnesses and the production of books and papers, as is conferred upon the Mayor, or the Council or a committee thereof by this Charter.

§120-1     Suspension of Emergency Medical Chief [NEW]

The Mayor shall have the exclusive right to suspend the Emergency Medical Chief for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given by the proper authority, or for any other just and reasonable cause. If the Chief is so suspended, the Mayor shall forthwith certify the fact, together with the cause for the suspension, to the Civil Service Commission, who within five (5) days from the date of the receipt if the notice shall proceed to hear the charges and render judgment thereon, which judgment shall be final.

§ 122     Classification of Police, Fire and Emergency Medical Service

The director of the department immediately in charge thereof or the Mayor, shall classify the police, fire and emergency medical service of the City, in conformity with the ordinance of the Council concerning the number of persons to be employed therein, and shall make rules for the regulation and discipline of such service except as hereinbefore provided.

§ 123     Relief of Police Officers, Firefighters and Emergency Medical Personnel

The Council may provide by general ordinance for the relief, out of the police, fire emergency medical service funds, of members of the police, fire or emergency medical service temporarily or permanently disabled in the discharge of their duties. Nothing herein shall impair, restrict, or repeal any provision of general law authorizing the levying of taxes to provide for firefighters, police officers, sanitary police, emergency medical personnel pension funds, and to create and perpetuate boards of trustees for the administration of such funds.

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