Bellevue proposes fire dept. changes

&emsp;&emsp;Bellevue Council is proposing substantive amendments to the borough's administrative code and personnel system that will allow for the introduction of a new volunteer fire service, while restructuring the fire department to maintain control by borough employees.&emsp;&emsp;While the largest portion of some 14 typewritten pages of amendments relates to the fire department, council also is looking at updating and expanding sections of the personnel system, particularly with regard to employee discipline.&emsp;&emsp;The proposal comes four months after council shocked residents as well as volunteer firefighters by revealing that a secret committee had been meeting for the past year and recommended that council immediately decertify Columbia Hose, Hook & Ladder Company No. 1, the Bellevue Volunteer Fire Company, as the emergency services provider for the borough. Council voted within minutes, and immediately put volunteers and the equipment they owned out on the street — literally.&emsp;&emsp;The move left Bellevue with two paid firefighters, who have depended upon the City of Pittsburgh for structure fire response, and upon neighboring fire companies for other emergencies such as traffic accidents.&emsp;&emsp;At its meeting on July 25, council authorized advertising amendments to the administrative code and personnel system ordinances, as well as a public hearing on the amendments, without identifying the content of the proposed amendments. The motion was approved by council with no discussion whatsoever.&emsp;&emsp;The Citizen obtained copies of both documents later in the week.&emsp;&emsp;The administrative code changes are the most extensive, and are primarily directed toward giving council the authority to authorize and direct "the maintenance of a volunteer fire association to supplement the efforts of the Bellevue Fire Department."&emsp;&emsp;At the outset, the proposed amendment completely redefines a "Department of Public Safety." The portion of the administrative code dedicated to the function of a police department is eliminated, but included under the umbrella of the next section, which defines the public safety department. There are no substantive changes to the current provisions for the police department, although the proposed amendment did highlight the fact that Bellevue's current administrative code and e-code feature an incorrect description of the amendment made to the home rule charter in 2004. That change, approved by an election ballot referendum, authorizes the borough to merge or consolidate police services with any or all of the other six North Boroughs municipalities: Avalon, Ben Avon, Emsworth, Ben Avon Heights, Kilbuck Township and Ohio Township. The borough's current written and e-code clause restricts consolidation to Ben Avon, Ben Avon Heights and Emsworth.&emsp;&emsp;The section of the administrative code that addresses the public safety department currently includes only the code enforcement office and the volunteer fire company, plus a minor reference to the police department.&emsp;&emsp;The proposed amendment to the code eliminates the section for the volunteer fire company and adds a section for a vaguely defined but heavily regulated volunteer fire service.&emsp;&emsp;According to the proposed amendment, the Bellevue Fire Association (BFA) "shall be composed of membership groups as approved by Borough Council and the Association's charter and by-laws." The reference to a charter and by-laws indicates that officials expect the BFA to be incorporated as an entity separate from the borough governance, yet the amendment goes on to regulate the organization's charter and by-laws. For instance, it authorizes the BFA to elect officers from among its members. To get the full story, you have to jump to the proposed changes to the personnel system, which creates the position of fire chief. In that document, the fire chief is required to be an employee of the borough, and also is a nonvoting member of the BFA who has the authority to veto any action taken by the BFA.&emsp;&emsp;As expected, future volunteers are brought fully under the control of the borough's paid fire chief. The amendment also indicates that all appropriations made to the BFA by the borough remain the property of the borough, as do any expenditures "voluntarily" made by the BFA for equipment, maintenance or repairs. It stats that no fire fighting equipment may be permanently removed from the borough without the prior written consent of the fire chief.&emsp;&emsp;The proposed amendment also authorizes the creation of a volunteer relief association so that firefighters can receive the benefit of state-allocated funds to assist firefighters.&emsp;&emsp;The personnel system amendments set out in detail the requirements and duties for the fire chief. They also, however, automatically make the fire chief the borough's emergency management coordinator, which puts him in charge of all borough departments, including the police department, during declared emergencies. &emsp;&emsp;The personnel system amendments also take on the section related to disciplinary action, providing some badly need updates to language that most likely has been invalidated by federal or state law, but adding some grounds for disciplinary action that seem to veer dangerously close to regulating employee speech.&emsp;&emsp;The current personnel system allows for employees to be disciplined for physical disabilities and addiction to alcohol and/or drugs. Those have been eliminated in the proposed amendment.&emsp;&emsp;Grounds for discipline added include: use of obscene or abusive language; unauthorized disclosure of confidential information; and libel, slander repetition of malicious gossip, or lies about another employee.&emsp;&emsp;A public hearing on both proposed amendments will be held Aug. 22 at 6 p.m. A copy of the proposed administrative code amendment is published on Pages 6-9.&emsp;&emsp; The proposed ordinance is reprinted below: BOROUGH OF BELLEVUE COUNTY OF ALLEGHENY COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 23- 05 AN ORDINANCE OF THE BOROUGH OF BELLEVUE, A HOME RULE CHARTER MUNICIPALITY IN THE COUNTY OF ALLEGHENY, IN THE COMMONWEALTH OF PENNSYLVANIA AMENDING SECTIONS OF THE ADMINISTRATIVE CODE TO REVISE PROVISIONS OF THE DEPARTMENT OF PUBLIC SAFETY. WHEREAS, Bellevue Borough Council has reviewed the provisions of its Administrative Code with regard to expanding the definition of the Public Safety Department; and WHEREAS, Bellevue Borough Council has held a duly noticed public hearing pursuant to §509 of the Home Rule Charter to inform and take public comment on proposed amendments to the Borough's Administrative System. NOW THEREFORE BE IT ORDAINED AND ENACTED by the Borough Council of the Borough of Bellevue, in the County of Allegheny and Commonwealth of Pennsylvania, and it is hereby ordained and enacted by the authority of the same, in accordance with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania, that Section 5-13 "Department of Police" be incorporated under Section 5-14, "Department of Public Safety" and that Section 5-14, "Department of Public Safety" be amended as follows: § 5-14. Department of Public Safety. The Department of Public Safety shall be under the direction of a standing committee of Council appointed by the President in accordance with the rules of Council, and shall comprise the Code Enforcement Department, the Fire Department, the Volunteer Fire Association, the Fire Marshal, the Police Department and their respective subsections. A. Function. The Department of Public Safety shall be responsible for the protection of persons and property within the Borough or any contracted community; and the enforcement of applicable laws, ordinances, codes, and regulations related to the health and safety of Borough residents and visitors. B. Department of Building Inspections and Code Enforcement (reserved) C. Department of Fire and Emergency Services (reserved) D. Volunteer Fire Association (1) The Borough of Bellevue Council hereby authorizes and directs the maintenance of a volunteer fire association to supplement the efforts of the Bellevue Fire Department. Said volunteer fire association shall always be under the direct control and supervision of a Borough-appointed Fire Chief. The Chief of the Fire Department shall be a Borough employee and shall act as a department head as directed by ordinance. (2) The volunteer fire association shall be composed of membership groups as approved by Borough Council and the Association's charter and bylaws. (3) The volunteer fire association is hereby authorized to elect from their numbers such other officers as they may require for the proper conduct of the association. (4) All appropriations made by the Borough of Bellevue to, or for the use of, the volunteer fire association, whether tangible or intangible property, shall continue to be property of the Borough of Bellevue, and any expenditures voluntarily made by the volunteer fire association or citizens of the Borough of Bellevue for the purchase, repair, ornamentation or maintenance of any fire apparatus or equipment belonging to the Borough of Bellevue shall be deemed and treated as the property of the Borough of Bellevue and no fire apparatus or equipment shall be removed permanently from the Borough of Bellevue without the prior written consent of the Fire Chief. (5) While at the scene of an emergency, or while traveling to and from the scene of an emergency, fire apparatus and personnel of the volunteer fire association shall be under the supervision and control of the Fire Chief or, in the absence of the Fire Chief, a designated representative, who shall report to and be responsible to the Director of administrative services. E. Volunteer Fire Relief Association (1) The Borough of Bellevue hereby recognizes the establishment of the Bellevue Volunteer Firefighters' Relief Association. (2) The Association has been formed for the benefit of Volunteer Fire Association members and their families, in order to provide benefits in the event of death, illness, temporary or permanent disability or accident suffered in the line of duty. (3) The Association is designated as the proper association to receive such funds as are due and payable to the Borough by the Commonwealth of Pennsylvania from the tax on premiums from foreign fire insurance companies, and other such taxes as may be imposed by the Commonwealth. Annual appropriations received by the Borough from the Commonwealth shall be distributed to the Association within 60 days of receipt in accordance with the Act of December 18, 1984, No. 205, Section 701 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania. (4) Bellevue Borough Council shall annually certify to the Auditor General of the Commonwealth the names of active association members and the percentage of service contributed by them for the protection of the Borough. Such certification shall be on forms as prescribed by the auditor general. F. Fire Marshal (reserved) G. The Department of Police The Department of Police shall be responsible for the protection of persons and property within the Borough against crime. (1) Responsibility. Responsibility for keeping of peace and order in the Borough shall be vested in the Police Department of the Borough. The Borough of Bellevue may agree with the Borough of Ben Avon, Borough of Ben Avon Heights and Borough of Emsworth or any of said boroughs, for the purpose of providing police or police services for the Borough of Bellevue and said municipality or municipalities. (2) Duties. The Police Department and its personnel shall at all times aid the administration and enforcement within the Borough of the laws of the United States of America, the Commonwealth of Pennsylvania and the ordinances of Allegheny County and of the Borough. It shall be the duty of the Police Department to: (a) Preserve the public peace. (b) Prevent and detect crimes against persons and property. (c) Police the streets and highways. (d) Enforce traffic statutes, ordinances and regulations relating thereto. (e) Enforce all criminal laws and ordinances. (f) Detect and apprehend offenders and suspected persons. (g) Maintain records and files of crimes and criminals. (h) Operate facilities for the safekeeping of prisoners. (i) Develop and conduct community relations and education programs. (j) Operate and maintain the police radio and other municipal radio and emergency communication systems as may be assigned to the Department by the Chief Executive Officer. (k) Maintain records and logs relating to radio and emergency communication systems as are required by law. (3) Operation and administration. Operation and administration of the Police Department shall be under the general supervision of the Mayor acting through the Chief of Police. The routine operation of the Police Department, including, but not limited to, the direction of the time during which, the place where, and the manner in which the police force shall perform its duties, shall be under the sole supervision of the Chief of Police. (4) Department head. The Department of Police shall be headed by a Chief who shall be responsible to the Chief Executive Officer for the performance of the function of the department. (5) Supervision of the Police Department. The highest-ranking officer within the Police Department shall be designated the Chief of Police. The Chief of Police shall be named and appointed by the Mayor with the confirmation of an absolute majority of the Council and shall serve at the pleasure of the Mayor. He shall meet all the qualifications for other Borough police officers as set out in § 1104 of the Charter and, in addition, shall have at least three years' creditable service in the field of law enforcement next prior to his appointment. (6) Selection of police officers and department employees. All Police Department personnel shall be, or upon their employment shall become, Borough employees. Except as hereinafter provided in this section, members of the police force, other than the Chief, shall be selected in accordance with the appointment provisions of the police civil service statutes of the Commonwealth of Pennsylvania applicable to the Borough in effect at the time of such selection. Police Department employees who are not members of the police force, as described in said statutes, shall be selected in accordance with the Borough personnel system as set forth in the Charter. All police officers shall have passed complete medical examinations as established by the civil service rules of the Borough of Bellevue of 1996, as amended, which are incorporated herein by reference thereto. All police officers shall be required to undergo and have passed psychological and/or psychiatric examinations. (7) Powers. Police officers shall have all the powers, protections and prerogatives now or hereafter conferred upon Borough police officers by ordinance or by law and upon constables of the Commonwealth of Pennsylvania. They shall have the power to make lawful searches, seizures and arrests for violation of any statute or ordinance in force in the Borough and to do such other acts as may be required of them by statute or ordinance. ORDAINED AND ENACTED THIS &emsp;&emsp;DAY OF &emsp;&emsp;, 2023. ATTEST: &emsp;&emsp;BOROUGH OF BELLEVUE By: &emsp;&emsp; Cindy L. Bahn, Secretary, &emsp;&emsp;Jodi Cerminara, President Director of Administrative Services &emsp;&emsp;Bellevue Town Council Examined and approved this &emsp;&emsp;day of &emsp;&emsp;, 2023 Hon. Val Pennington, Mayor