§ 7.03. —FIRE DEPARTMENT

(a)

There shall be a Fire Department which shall be composed of the paid Fire Department and Volunteer Fire Departments in the City-County.

(b)

Except as otherwise provided by this Charter or until changed by ordinance, the organization, qualifications and appointment of officers and members of the paid Fire Department shall be governed by the provisions of the Montana Municipal Fire Department Law, except that the Chief Executive shall have the powers and duties of a Mayor and the Council of Commissioners shall have the powers and duties of a city council as provided in said state law and the Fire Commission shall have those powers and duties as set forth in subsection 7.03(c).

(c)

The Council of Commissioners shall establish by ordinance a Fire Commission consisting of five (5) members, which shall have the power and duty to:

(1)

test applicants for appointment to the paid Fire Department; and

(2)

test firefighters for promotion within the paid Fire Department; and

(3)

test applicants for appointment as Director of Fire Services; and

(4)

hear, try and decide all charges brought against any member of the paid Fire Department and such other duties as the ordinance may provide.

(d)

Except as otherwise provided by this Charter or until changed by ordinance, the organization of existing Volunteer Fire Departments within the City-County shall be governed by the applicable sections of state law, except that the Chief Executive shall have the executive and administrative powers and duties of the Chair of the Board of County Commissioners and the Council of Commissioners shall have the legislative powers and duties of the Board of County Commissioners as provided in said state law.

(e)

The Chief Executive shall appoint an advisory committee composed of three paid firefighters selected by the members thereof, three volunteer firefighters selected by the Volunteer Fire Council, and three members of the Council of Commissioners, who shall be selected by the Council; however, no member of the Council of Commissioners appointed to this advisory committee shall currently be a firefighter. This advisory committee shall study and recommend to the Director of Fire Services ways and means of improving fire protection, suppression and related activities.

(f)

The paid Fire Chief shall be the Director of Fire Services and shall be responsible for the administrative coordination and combination of the paid and Volunteer Fire Departments, fire prevention and code enforcement.

(g)

1.

The Council of Commissioners shall establish by ordinance a district for fire protection services, excluding that area within the Town of Walkerville. Within this district there shall be a uniform tax levy for fire protection services.

2.

In those areas within the City-County outside of the district described by ordinance as provided above, the Council of Commissioners shall levy such taxes for fire protection as are required to pay for the services rendered, as required by law.

(h)

1.

Any ordinance changing boundaries of existing fire districts or reallocating fire fighting equipment shall require an affirmative vote by two-thirds ( 2/3 ) of the whole number of the Council of Commissioners.

2.

The Council of Commissioners shall hold at least one (1) public hearing as specified by the laws of Montana prior to a boundary change of any fire district. The Council of Commissioners shall cause to be published notice of such hearing as specified by the laws of Montana.