7. FSTFSR 03-07-2012 - Laserfiche WebLink

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.f r `t There are a few types of personnel policies in typical fire department bylaws that bear additional discussion: Age Requirements Bylaws often establish a minimum and maximum age for firefighters. A minimum age standard can be established. In fact, state law generally prohibits hiring someone under age 18 to be a firefighter, due to the hazardous nature of firefighting duties. Some minors may participate in firefighting activities as part of certain training programs authorized by state law. Establishing a maximum age for firefighters is more questionable. Federal law allows mandatory retirement for public safety officials, including firefighters, at age 55 or after. Minnesota laws are ambiguous regarding a mandatory retirement age for firefighters. A city interested in establishing a mandatory retirement age for firefighters should seek legal advice prior to implementing such a policy. Note that a city may lawfully establish a maximum age for entry into employment as a firefighter. And it's important to distinguish between minimum and maximum age limits allowed in conjunction with employment practices vs. those that may be allowed by Minnesota statutes governing relief association benefits and eligibility. Response Distance Bylaws sometimes establish a radius within which firefighters are expected to live. Cities are prohibited from requiring residency as a condition of employment. This includes and applies to volunteer firefighters. Cities can impose a reasonable response time, but it should be based on minutes rather than miles. Remember that Minnesota law requires firefighters responding to an emergency to follow all traffic laws, including posted speeds. Policies related to response time should be based on normal driving behavior. Minimum Run Standards Fire department bylaws might include a minimum number of runs firefighters need to attend in order to remain "eligible." The key question here is: Eligible for what? If this provision means eligibility for continued employment, this provision belongs with the city's other HR policies. If this means eligibility for relief association benefits, the policy should be part of relief association documentation rather than fire department bylaws. Selection Criteria and Election Practices Some departments still elect new firefighters and/or officers. The election process may require that certain minimum criteria be met before an election takes place among qualified candidates. 2