Title
AN ORDINANCE AMENDING CHAPTER V, SECTION 36 OF THE DULUTH HOME RULE CHARTER, 1912, AS AMENDED, CHANGING THE MAXIMUM NUMBER OF APPOINTED DEPUTY FIRE CHIEFS FROM TWO TO THREE.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 36 of the City of Duluth Home Rule Charter, 1912, as amended, is hereby amended as follows:
Chapter V. Civil Service
Sec. 36. Same--Powers and duties; exceptions for those persons entitled to worker's compensation benefits.
(A) The board, with the approval of the council, shall make rules and regulations for the proper conduct of its business, and shall provide: for the classification of all employees, except
(1) the officers mentioned in Chapter IV (sections 18 through 34, inclusive) of this Charter;
(2) three deputy chiefs of police, who at the time of appointment as such must be a sworn law enforcement officer in the classified service of the city;
(3) a maximum of three two deputy fire chiefs, who at the time of appointment as such must be employed in the fire department of the city;
(4) an equal opportunity representative; and (5) day laborers, officers of election boards, special police officers, special detectives and other temporary employees; for open competitive and free examination as to fitness for an eligibility list from which vacancies shall be filled; for a period of probation before employment is made permanent; and for promotion on the basis of merit, experience and record. Employees within the scope of this Chapter, who are in office at the time of the adoption of this Charter, shall retain their positions, unless removed for cause. The council may, by ordinance, confer upon the board such further rights and duties as may be deemed necessary to enforce and carry out the principles of this Chapter;
(B) Notwithstanding anything to the contrary in paragraph (A) above, the board, with the approval of the council, may establish noncompetitive or other alternative evaluation procedures for the employment of persons with disabilities when because of such disabilities the procedures prescribed by paragraph (A) would not provide such disabled applicants with equal employment opportunity. The board may authorize the appointment of any such person to a position in the classified service if it determines that such person has so demonstrated the ability to perform the duties of the position;
(C) Notwithstanding anything to the contrary in paragraph (A) above or in any ordinance of the city, any person who is employed or has been employed by the city in any classified or unclassified position, who has sustained personal injury arising out of and in the course of such person's employment with the city within the meaning of the state worker's compensation law so that such person may be entitled to receive worker's compensation benefits as a result of such personal injury, or has sustained personal injury or developed a disease or debilitating condition such that the person may qualify for disability benefits pursuant to a long term disability insurance program provided by the city by collective bargaining agreement or otherwise, may be employed in any classified position deemed appropriate by the chief administrative officer without having to comply with the ordinary classified service procedures regarding application for employment, testing, and certification from an eligible list. Any person employed in a classified position pursuant to this paragraph shall not be compensated for employment in such position at a rate which is greater than that currently prescribed for the city position or classification which such person occupied when the above-mentioned personal injury was sustained, or the above-mentioned disability occurred. The implementation of this Subsection (C) shall be subject to the provisions of any pertinent collective bargaining agreement to which the city is a party.
Section 2. That this ordinance was recommended by the city of Duluth Charter Commission and shall take effect 90 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: The ordinance amends the Duluth City Charter to allow for three appointed Deputy Fire Chiefs rather than two. This Ordinance was recommended for approval by the Duluth Charter Commission at their meeting on January 12, 2022.