CHAPTER 42: PUBLIC SAFETY FIRE PROTECTION PERSONNEL POLICY

This section applies to the City of Auburn FIRE Department, excluding civilian classification. Fire protection personnel are also covered under additional provisions in Section 40.00.

If there is a conflict between Section 40.00 and this Section, this section will control.

42.01 WORKING HOURS

A) FIREFIGHTERS STANDARD WORK PERIOD

The basic work period for Fire Protection Personnel is a 28 day schedule as established by the Board of Public Works and Safety. In that 28 consecutive day work period, if more than 212 hours are worked, the employee is entitled to one and a half times his or her regular rate.

	2)	All categories of benefit days are considered as workdays in calculating the 212 hours worked. The basic schedule for firefighters shall be 24 hours on duty and 48 hours off duty unless economic conditions dictate a change, at which time city management and firefighters will discuss the changes.
	3)	All firefighters shall be allowed to exchange working time subject to departmental rules and regulations. All times shall be recorded.

B) FIRE ADMINISTRATIVE PERSONNEL STANDARD WORK PERIOD

1) Exempt (Salary) Employees are expected to work a regular schedule of five workdays, without regard to the number of hours per day or per week. As an exempt (salary) employee, hours of service to the City of Auburn will fluctuate depending upon service demands.

2) Salary employees must track working hours on a daily basis. Exempt (salary) will document time away from work and the reasons for said time. Further more, said time off must be approved by the exempt (salary) employee’s supervisor prior to said time off. Sick and emergency time off shall be documented with the supervisor as soon as practical.

C) LUNCH BREAK

The Fire Department's lunch break is a paid break subject to call out.

42.02 COMPENSATION

A) FIRE DEPARTMENT OVERTIME

Any firefighter who works more than 212 hours in a 28 consecutive day schedule shall be paid overtime at the rate of time and a half of their regular pay schedule. All categories of benefit days are considered as workdays in calculating the 212 hours worked.

B) FIRE ADMINISTRATIVE PERSONNEL

Fire Chief, District Chief and Assistant Chief / Fire Marshall shall be exempt [salary].

C) FIRE DEPARTMENT HOLIDAY PAY

1) This applies to all full time fire protection personnel working a 24 hour shift in the combat division on a holiday.

2) Fire protection personnel working a twenty-four (24) hour shift will be paid at the rate of one and a half times their hourly rate.

3) Payment will be made from the start of the holiday to the end i.e., seven half- hours to the shift working 00:00 hours to 07:30 hours, and 16 half-hours for the shift working 07:30 to midnight of the holiday. The firefighter/officer will be required to work the entire 24 hour shift to receive this benefit.

4) All other fire department administrative personnel will be the same as civilian employees (see Code Section 41.00 - Civilian).

42.03 LEAVES

(See CODE SECTION 40.00 for general information on leaves)

A) FULL-TIME FIREFIGHTERS VACATION

During subsequent years of continuous full time employment, the employee will receive paid vacation leave as follows:

OFFICER & FIREFIGHTER PERSONNEL (24-hour scheduled shift)

Complete Years of Service Work Days per Year

1 to 3 years 3 scheduled days

4 to 6 years 5 scheduled days

7 to 10 years 8 scheduled days

11 to 19 years 11 scheduled days

20 plus years 12 scheduled days

SALARY/EXEMPT FIRE ADMINISTRATIVE PERSONNEL

Complete Years of Service Work Days per Year

1 to 3 years 5 working days

4 to 6 years 10 working days

7 to 10 years 15 working days

11 to 19 years 20 working days

20 plus years 25 working days

1) Vacation leave shall be on-duty days commencing at the end of the probationary year.

2) Vacation leave will be granted at a time which is mutually acceptable to the employee and the Fire Chief. Seniority will be used if a conflict exists in requests. The vacation request form is available at the Fire Station.

3) Vacation will be taken in 24-hour increments by personnel working the 24 hour shift.

B) FULL-TIME FIREFIGHTERS SICK / INJURY LEAVE

1) Any full-time firefighter who may be hurt, injured, or sick shall receive full pay and benefits supplied by the City for a period up to, but not more than, one year.

2) Any sick leave in excess of ten (10) scheduled working days is subject to approval of the Fire Chief and the Board of Public Works and Safety. The following regulations are required:

a) Each member will be responsible for reporting their inability to report for duty, prior to their normal starting time, to the officer in charge.

b) At the time of said reporting, each member will give a brief description of why they are unable to report as scheduled, the name of the attending physician, and the estimated date to return to work.

c) Any time a member is able to return to their normal duty hour, they shall provide a medical return to work form provided by their physician. This form is required for any person on a 24/48 hour shift that is off for more one working day or any 40 hour personnel off for more than three working days.

d) The Department or Board of Public Works and Safety may send a member to a physician of the city's choice any time at the department’s expense.

e) The department may require the member's attending physician to certify ability to perform in the member's job classification.

Employees will receive regular pay for any work week.

C) FULL-TIME FIREFIGHTERS PERSONAL LEAVE

1) Two personal days per calendar year may be taken by personnel working the 24/48 hour schedule to attend to a personal need or obligation without loss of pay.

2) New employees shall have a waiting period of ninety (90) days before they are eligible for personal leave pay, although the calculation of personal leave time will begin with their first full week of employment.

3) The request for personal days to be taken must be made by the employee to the Chief prior to the work day to be taken.

D) FULL-TIME FIREFIGHTERS DISABILITY LEAVE

(See IC 36-8-5-2 and IC 36-8-8 for Disability Leave)

E) FULL-TIME FIREFIGHTERS JURY DUTY

Fire Protection Personnel under IC 36-8-3 or IC 36-8-12 are excused from acting as a juror per IC 33-4-5-7(a). This provision does not apply to federal court subpoenas.

42.04 BENEFITS

WORKERS COMPENSATION INSURANCE

1) The City of Auburn will provide Workers Compensation as prescribed by law for all full time fire protection personnel and volunteer firefighters. All accidents, on- the-job injuries, or near misses must be reported and proper forms completed and filed according to guidelines set forth in Code Section 40.08 (Section 1.8).

2) Fire Protection Personnel see IC 36-8-5-2.

3) Volunteer Fire Protection Personnel see IC 36-8-12-7.

42.05 FIREFIGHTERS’ PENSION

1) All firefighters (unless otherwise excluded) hired on or after May 1, 1977 will be members of the Firefighters Pension Fund per IC 36.8.8.1.

2) Fire department personnel not covered under Fire Pension will be covered by the civilian public employer retirement fund (PERF). See CODE SECTION 41.04 (Section 4.4) Benefits (B. 1. a-e)

42.06 SOCIAL SECURITY FOR FIREFIGHTERS

A) The city shall assume liability for the payment of retroactive payments of employer and employees for social security for firefighters of the city for the years 1977, 1978, and 1979.

B) Effective January 1, 1980, the firemen employed by the city shall have social security contributions deducted from their wages as required by the Indiana Public Employees Retirement Fund Trustees.

42.07 DEATH BENEFITS

See IC 36-8-8 [13.8; 14.1; 16; and 20].

42.08 DISCIPLINARY ACTION/DISMISSAL

FULL-TIME FIREFIGHTERS

Disciplinary action and dismissal procedures for full-time firefighters are specifically outlined in IC 36-8-3-4 and IC 36-8-3-4.1. Copies of these statutes are available upon request.

42.09 APPEAL PROCEDURE

FULL-TIME FIREFIGHTERS

Disciplinary action and dismissal procedures for full-time firefighters are specifically outlined in IC 36-8-3-4 and IC 36-8-3-4.1. Copies of these statutes are available upon request.