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Home My WebLink AboutOrdinance #1277FROM: Donald E. Edwards, Mayor St1BJECT: Veto Memorandum: Ordinance No. 1277, entitled: "AN ORDINANCE AME[~DING TITLE 5, CHAPTER 1 OF THE CANTON MUNICIPAL CODE RELATING TO THE MAKE[TP OF THE CANTON FIRE DEPARZT'JENI"' 'Ib: Canton City Council; All Aldermen. DATE: April 12, 1990 In my judgment it is not in the best interest of the City of Canton that the foregoing Ordinance be approved at this time. I have, accordingly, this date vetoed the foregoing Ordinance. ~~ ~~ ald E. Edwards ,Mayor. ORDINANCE N0. 1277 AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 OF THE CANTON MIINICIPAL CODE RELATING TO THE MAgEIIP OF THE CANTON FIRE DEPARTMENT WHEREAS, it has been made to appear to the Canton City Council that the existing command structure of the Canton Fire Department is superfluous; and, WHEREAS, it has been made to appear to the Canton City Council that many of the duties presently performed in subordinate command offices are not primarily managerial in nature. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF CANTON, Fulton County, Illinois, as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That sub-paragraph (A), Section 1, Chapter 1 of Title 5 of the Canton Municipal Code is hereby amended to read as follows: "(A) Fire Department Established: There is hereby established an executive department of the Municipal government of the City which shall be known as the Fire Department, and shall consist of one Chief of the Fire Department, three (3? lieutenants, and twelve (12) firemen." 3. That the Title of Section 3, Chapter 1 of Title 5 of the Canton Municipal Code is hereby amended to read as follows: "5-1-3: Lieutenant, Firemen:" L,.. That sub-paragraph (D), Section 3, Chapter 1 of Title 5 of the Canton Municipal Code is hereby amended to read as follows: "(D) Lieutenant to Command When: It shall be the duty of the on duty shift lieutenant of the Fire Department to attend all fires occurring during his shift, and in the absence of the Chief of the Fire Department, it shall be his duty to take charge of the work of the department and he shall have and exercise the duties and powers of the Chief of the Fire Department." 5. That sub-paragraph (B), Section ~., Chapter 1 of Title 5 of the Canton Municipal Code is hereby amended to read as follows: "(B) Chief of the Fire Department Ex-Officio Chairman: The Chief of the Fire Department shall be ex-officio chairman of the Fire Department and shall, when possible, preside at all meetings. In his absence meetings shall be chaired by the Fire Chief's designee. ~' 6. That the City Clerk shall certify a copy of this Ordinance to the Board of Fire and Police Commissioners of the City of Canton immediately upon its passage and approval. 7. The foregoing changes shall be implemented as of 0700 hours, April 23, 1990. 8. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois this 3rd day of April , 1990, upon a roll call vote as follows: AYES: Alderman Kovachevich; Zilly; Steck; Sarff; Meade; Bohler; Chapman NAYS: None ABSENT: Alderman May APPS: V~'TOID~APRIL 12, 1990 Donald Edwards , Mayor ATTEST: Nancy Whites , City Clerk. TO: Honorable Mayor & City Council FROM: James H. Malmgren, City Attorney RE: Suggested Reorganization of Fire Department DATE: March 21, 1990 After conferring with city the city, I recormiend that the Fire Department by eliminating that the department is then Lieutenants, and twelve Firemen the following reasons: staff and with special counsel to Canton City Council reorganize the the rank of Assistant Chief, so comprised of one Chief, three Th i s recom~riendat ion i s made for 1. As presently comprised, the Fire Department consists of one Chief, three Assistant Chiefs, three Lieutenants and nine Firemen. In addition to their responsibilities and duties as fire fighters, the Assistant Chief and the Lieutenants are assigned identical job functions: to assume all of the responsibilities and duties of the Chief in his/her absence, although a Lieutenant would not exercise these added job functions unless the Assistant Chief on their shift was also absent. Given this corrrnand structure, it vas anticipated that Assistant Chiefs would exercise their added job functions on a regular basis, and that Lieutenants would do so on an irregular basis. Accordingly, Assistant Chiefs have historically been characterized as management employees who were paid premium wages and excepted from the overtime requirements of federal law. On the other hand, Lieutenants have not been considered management, nor have they been excepted from overtime requirements, although they have been paid a wage premium over and above the wages paid to Firemen. 2. In 1988, a lawsuit was filed against the City challenging the characterization of Assistant Chiefs as management -employees who could be excepted from the overtime requirements of federal law. After investigation, the City confessed liability, since the Assistant Chiefs have exercised their job functions so infrequently that they may not be fairly characterized as excepted management employees. As such, the job performed by Assistant Chiefs has been, and by all indications will continue to be, identical to the job which Lieutenants were to perform. It is therefore recommended that the rank of Assistant Chief be eliminated. 3. The current labor agreement between the City and the Fire Department (expiring April 30, 1990) provides, in relevant part: "The employer specifically reserves to itself, without limitation, the power to unilaterally and in its sole discretion, eliminate, abolish, alter, organize, reorganize, consolidate, or merge the fire department, or, any rank, position, job, or job function now in existence or which may thereafter be created." This provision of the current labor agreement gives the City the right to unilaterally eliminate the rank of Assistant Chief. -2- 4. Despite the existence of this unilateral right, in the course of negotiations aimed at securing anew labor agreement to succeed the current agreement, Local No. 1897 was advised of the recommendation which this Council would be asked to act on to eliminate the rank of Assistant Chief; that bargaining was pursued concerning both the decision to recommend reorganization, and concerning the impact of that decision; and that on March 5, 1990, with the Union's rejection of the City's final wage offer, the City declared a deadlock in all negotiations. 5. While unable to reach an agreement with Local No. 1897, the City of Canton will be more efficiently served by the Fire Department once the rank of Assistant Chief has been eliminated. With the elimination of this rank, Illinois law will require that the three fire fighters currently serving as Assistant Chiefs be reduced to the rank of Lieutenants, and that the three fire fighters currently serving as Lieutenants be reduced to the rank of Firemen, each to be paid the reduced salary set forth in the current labor contract for the rank to which they will then be assigned. CC: Personnel Committee; Fire and Police Commission; Fire Chief -3- ' ORDINANCE NO. ~ -` ' '' AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF CANTON, FULTON COUNTY, ILLINOIS. ( SUSAN BEHRENS, RONALD ESTES AND MARCUS ESTES) WHEREAS, a petition was filed with the City Clerk for the annexation of the real property described below, and said real property is not within the corporate limits of any municipality, but is contiguous to the City of Canton, Illinois. A part of the Northwest Quarter of Section 28, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as: Beginning at the West Quarter corner of said Section 28, thence North 0 48' 37" East, 282.42 feet along the West line of said Section 28; thence North 89 39' S5" East, 570.11 feet; thence South O 20' 05" East, 283.38 feet to the South line of said Northwest Quarter; thence South 89 45' 57" West, 575.75 feet to the point of beginning; containing 3.721 acres; SUBJECT TO 0.631 acres for roadway purposes and also subject to any easements. WHEREAS, a public hearing on said petition was conducted by the Planning and Zoning Commission of the City of Canton on March 12, 1990 pursuant to proper notice having been published in the Canton Daily Ledger, WHEREAS, on March 12, 1990 the Planning & Zoning Commission recommended to the City Council that the real property described in the exhibit attached hereto be annexed to the City of Canton pursuant to Chapter 24 of the Illinois Revised Statutes, WHEREAS, it is in the best interests of the City of Canton, Illinois that said real property be annexed to the City of Canton. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS: 1. That the City Council finds as facts the assertions set forth above. 2. That the described real property be and is hereby annexed to the City of Canton, Illinois. 3. That the described real property be and is hereby rezoned AG-1, Agricultural District. 4. That the Zoning Administrator is directed to make the appropriate changes to the zoning maps of the City of Canton to show this annexation and zoning. 5. That the City Clerk is directed to record with the Recorder of Deeds of Fulton County and to file with the County Clerk of Fulton County a certified copy of this ordinance togather with an accurate map of the annexed territory. 6. That this ordinance shall be in full force and effect upon its passage by the City Council of the City of Canton and approval by its Mayor. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this day of 1990, upon a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED: Donald E. Edwards, Mayor ATTEST: Nancy Whites, City Clerk Ail/~l/EXATION PLAT n ~ ~ y ~ y v~ ~ `~ ~ n ~ o ~ 4 ~~ ~ ~ ~~ rn 0 ~ ~ ~ . ~ ,~ ~ ~ ~~ ~ y ~ O ~~ Z ~~ n ~~ ~~ ~a ~e Om .~ r~ r~, ~ so' ~ `~ v~ ~~ o~ a ~ ~ ~' o ~ Oo 00 ~ ~ ~o ~ ~~ ~ v `v N pp ~o ~ ~~ O R D = EXIST CoR~ L/~lliTs // Q ~"¢ 8 'J 7 yG 282. ~2' _ Z3~.¢z' 1 ~' 3 ~ ~ ~ v, o~ ~~ o~ ~ `f . y ~ R, ~ v- ~ ~ . ~ R~ 23 3.38 ~ SO' 2 3.9g . S O°2o'S"E ` 1 ~, y ~, 3~ o ~~ ~~ c .b °, ~~ ~ u` ny N~ a '` R n e 3