ARTICLE III. OFFICERS AND EMPLOYEES1
2-40—2-66 Reserved.
DIVISION 2. PUBLIC SAFETY DEPARTMENT
2-67. Department established.
A department to be hereafter known as the "Port Huron Township Public Safety Department," the object of which shall be the prevention of fire, enforcement of township ordinances, when designated, and the protection of life and property within the limits of the town, is hereby created as set forth in this division.
(Code 1987, § 8-01.02)
2-68. Officers.
The department shall consist of a director, an assistant director, and other officers as the director and township board may deem necessary for the effective operation of the department.
(1) Director and assistant director.
a. Appointment. The director and assistant director shall be appointed by the township board for an indefinite period of time.
b. Tenure of office. Their tenure of office shall depend upon their good conduct and efficiency.
c. Removal from office. They shall be removed only for just cause and after a public hearing by the township board.
(2) Duties of the director.
a. Formulate rules and regulations. The director shall formulate a set of rules and regulations to govern the department.
b. Be responsible for the department. The director shall be responsible to the township board for the personnel, morale and general efficiency of the department.
c. Instruct in all phases of firemanship. The director shall, at least once a month, conduct suitable drills or instruction in the operation and handling of fire equipment, first aid and rescue work, salvage, a study of the building in the township, fire prevention, water supplies, and all other matters generally considered essential to good firemanship and safety of life and property.
d. Investigate all fires. The director is hereby required to assist the proper authorities in suppressing the crime of arson by investigating, or causing to be investigated, the cause, origin and circumstances of all fires.
e. Interrogate for probable cause of fire. Any person having knowledge or presumed to have knowledge of the cause of a fire or circumstances leading to its probable cause may be summoned to appear before the director for interrogation and such testimony may be required under oath.
f. Enter premises and make inspections. The director is hereby empowered to enter any and all buildings and premises at any reasonable hour for the purpose of making inspections.
g. Cause fire hazards to be abated.
1. Serve written notice on owner/occupant. The director is hereby empowered to serve written notice upon the owner or occupant to abate, within a specified time, any and all fire hazards that may be found.
2. Receive notification of compliance. Any person so served with a notice to abate any fire hazard shall comply therewith and promptly notify the director.
h. Keep complete records. The director shall see that complete records are kept of all fires, inspections, apparatus and minor equipment, personnel and other information about the work of the department.
i. Make written reports.
1. Monthly. The director shall submit a written report monthly to the township board on:
(i) The condition of the apparatus and equipment;
(ii) The number of fires during the month, their location and cause, and the date of same and loss occasioned thereby;
(iii) The number and purpose of all fire runs made;
(iv) The number of members responding to each fire or other run;
(v) Any change in membership; and
(vi) Any other reports deemed necessary by the township board for the successful operation of the entire department.
2. Annual. The director shall make a complete written annual report to the township board within one month after the close of the calendar year, such report to include the information specified in subsection (2)g of this section, together with comparative data for previous years and recommendations for improving the effectiveness of the department.
(3) Special social officers.
a. Offices. The department may elect a president, vice-president, secretary, and treasurer, to be known as social officers.
b. Election and term. Such officers may be elected in any manner and for any term the membership may decide upon.
c. Duties. Their duties shall be to arrange for and manage any or all social functions sponsored by the department.
d. No interference with regular officers. The functions and duties of said social officers shall in no way interfere with those of the regular department officers who are charged with responsibility for all service activities of the department.
(Code 1987, § 8-01.03)
2-69. Membership.
(a) Appointed by the director. The membership of the department shall consist of such persons as may be appointed by the director, with the approval of the township board.
(1) Able-bodied persons. The membership of the department shall be able-bodied persons residing within one mile of the township primary service area, who have telephones in their homes, except for the director, who must be a resident of the township.
(2) Examinations basis for determination. Determination of whether candidates for appointment are able bodies shall be made by the director after a medical and physical examination has been made in a manner prescribed by the director and approved by the township board.
(b) Suspension or discharge.
(1) For the good of the department. Any member of the department may be suspended or discharged from the department by the director at any time he may deem such action necessary for the good of the department.
(2) After public hearing if requested. On written request of such member to the township board he shall be given a public hearing on the charges brought by the director.
(Code 1987, § 8-01.04)
2-70. Operating regulations.
(a) Badges. Each member of the department shall be issued a badge designating his rank.
(b) Car insignias. Each member of the department driving a car shall be issued a suitable insignia to be attached to the car.
(c) Right-of-way over other traffic. All motor equipment and all personal cars of department members shall have right-of-way over all other traffic when responding to an alarm.
(Code 1987, § 8-01.05)
2-71. Equipment.
The department shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property.
(1) Purchase recommendations by director. Recommendations of apparatus and equipment needed shall be made by the director and, after approval by the township board, shall be purchased in such manner as may be designated by the township board.
(2) Housing designated by board. All equipment of the department shall be safely and conveniently housed in such places as may be designated by the township board.
(3) Fire alarms; notifying members. Suitable arrangement or equipment shall be provided for:
a. Citizens to turn in a fire alarm; and
b. Notifying all members of the department so that they may promptly respond.
(Code 1987, § 8-01.06)
2-72. Aiding others or mutual aid authorized.
The township board is hereby authorized to enter into agreements or contracts with nearby incorporated communities or governing bodies of other organizations to provide the members of such communities or organizations with fire protection or to establish a mutual aid system.
(Code 1987, § 8-01.07)
2-73—2-102. Reserved.
DIVISION 3. PENSION PLAN2
2-103. Annuity or pension plan established.
(a) Plan created. Pursuant to R.S. of 1846, section 110b (MCL 41.110b), the town hereby creates and establishes an annuity or pension plan and program for the pensioning of its officers and employees.
(b) Contract authorized. For such purposes, the town also hereby authorizes the township supervisor and the township clerk to contract, in the name of the township subject to the approval of the township board, with any company authorized to transact such business within the state for annuities or pensions.
(Code 1987, § 2-01.02)
2-104. Coverage.
(a) Officers and employees covered. The annuity or pension plans created, established and contracted for under this division shall cover each person within the following classes of officers and employees:
(1) The supervisor, clerk and treasurer;
(2) All full-time employees of the township excepting seasonal employees and volunteer firemen.
(b) Eligibility requirements. Each employee who is employed by the township shall be eligible for coverage by the pension plan herein established on the first day of the month following the expiration of 90 days from the date of the employees hire by the township, if the following requirements are met:
(1) The person is, upon the effective date, an employee; and
(2) The employee is at least 18 years and not more than 75 years of age determined by the nearest birthday.
(c) Normal retirement date. An employee’s normal retirement date shall be the policy anniversary of the pension or annuity plan nearest the employee’s 65th birthday.
(d) Nonparticipation.
(1) Prior to coverage. Any person desiring not to be so covered shall give written notice to the township clerk that he desires not to be covered, and if the notice is received before the person has become covered under the contract, he shall not be covered thereunder.
(2) After coverage. If the notice is received after the individual has become covered, his coverage under the contract shall cease as provided for in the contract.
(Code 1987, § 2-01.03)
2-105. Premium contributions.
(a) Charges paid by township. The township shall annually pay the premium or charges arising under such annuity or pension contract for each person within the class of officers and employees enumerated in section 2-104(a). Such payment shall be secured from the general fund of the township.
(b) Voluntary contributions by employees. Each person within such class of officers and employees may make voluntary contributions up to such percent as permitted by law of his annual compensation in addition to the premium paid by the township, and the township treasurer is hereby authorized to deduct the same from each person’s pay, salary or compensation and to apply the same to such person’s account.
(Code 1987, § 2-01.04)
2-106. Vested rights.
Each person so covered under the annuity or pension plan shall have a vested right or interest in such plan 24 months from the date the plan becomes effective for such person. A five-year holding period will obtain for covered persons under age 55.
(Code 1987, § 2-01.05)
2-107—2-125. Reserved.
State Law reference— Township officers, MCL 42.9 et seq.; standards of conduct and ethics, MCL 15.341 et seq.
State Law reference—Authority for retirement system, MCL 41.110b.