Bill H.4175

SECTION 1. The Charter of the town of Provincetown, which is on file in the office of the Archivist of the Commonwealth as provided in Section 12 of Chapter 43B of the General Laws, is hereby amended as follows:

a. Chapter 4, Section 3.d. of the Charter is amended to add “Fire Chief” to the list of department heads appointed by the Town Manager subject to the approval of the Select Board, as follows (additional language shown in boldface): 

d. The Town Manager may hire, promote and remove all Town Staff, except the secretary to the Select Board. Any hiring decision by the Town Manager with regard to the following positions shall be subject to confirmation by the Select Board, except that if the Select Board fails to confirm or object within fifteen (15) days of the notice of such proposed action, such failure shall constitute implied confirmation:

1) Assistant Town Manager

2) Finance Director

3) Police Chief

4) Town Clerk

5) Fire Chief

c. Chapter 7, Section 3 of the Charter shall be deleted in its entirety and replaced with the following text:

a.The Town Manager shall appoint for a one-year term a Board of Fire Engineers, consisting of not more than seven members.

b.The Town Manager shall appoint a Fire Chief with the approval of the Select Board under authority of this Charter. The parties shall enter into a Contract describing the authority, responsibilities, rights and entitlements of the Fire Chief. Said Chief is not required to be a member of the Board of Fire Engineers, but the Board may recommend candidate(s) to the Town Manager for appointment as Fire Chief.

c.The Town Manager shall make all appointments within the Fire Department after consultation with the Fire Chief on the suitability of proposed candidates.  For all appointments within the Fire Department, applicants, whether temporary or permanent, full time, part time or on call, who are residents of the Town of Provincetown shall be given preference.

d.The Fire Chief shall have responsibility within the legal authority of the Department for the extinguishment of fires in Town and the protection of life and

property in the case of fire. The Fire Chief also oversees the provision of Emergency Medical Services (EMS) within Town. The Fire Chief is authorized to coordinate on behalf of the Town with other legal authorities within and adjoining the Town, including the Federal Government, the Commonwealth of Massachusetts, Barnstable County, and other Towns on the Cape.

e.The Fire Chief shall support the Field Director during a declared emergency situation.

SECTION 2.  This act shall take effect upon its passage;

Or to take any other action relative thereto.

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