Emily City Council schedules public hearing on two‑year appointed term for Fire and Rescue chief

The Emily City Council on Dec. 15 agreed to pursue a City Code change to set a two‑year appointed term for the Fire and Rescue Chief and to ask the City Attorney whether a paid‑on‑call department may legally hold internal elections.

Mayor Tracy Jones and councilmembers Daniel Brennan, Gerhart Hanson, Andrew Hemphill and Gregory Koch discussed the department's past practice of holding annual elections that were forwarded as recommendations to the Council and noted City Code already says the Council "shall be appointed by the City Council taking into consideration recommendation of the members of the Department." The Council emphasized it retains final authority over personnel decisions.

Councilmembers framed the discussion in part as a retention issue: the City had sought to secure retirement benefits for EMS members after combining fire and EMS roles, and some members warned stopping elections could harm retention. A department member with 19 years of service said the department"voted every December" and asked what had changed; an EMS assistant chief said policy changes had occurred without full member awareness and reported "a general atmosphere of discord." A fire assistant chief said he preferred holding an election this year while transitioning to two‑year terms and suggested a reasonable timeframe for any incoming chief to complete required training.

The Council cited guidance from a League of Minnesota Cities publication, quoted in the discussion as saying, "in no case may employees be hired by a vote of another employee," and asked the City Attorney to review whether that guidance (and applicable Minnesota statute) applies to a paid‑on‑call department whose members are employees rather than volunteers. The transcript references Minnesota statute requiring volunteer fire departments to hold annual officer elections but does not supply a statute number; the Council did not cite a specific statutory section at the meeting.

The proposed City Code revision discussed would add the sentence: "The Fire and Rescue Chief appointed term shall be two years." The SOP addition under consideration would state: "All active Fire and Rescue Department members may choose to nominate or recommend a candidate for the Fire and Rescue Chief position to the City Council at least one month prior to the end of the Fire and Rescue Chief's appointed term." The Council reviewed proposed minimum qualifications in the SOPs—training in fire department administration; Fire 1 and Fire 2 certifications; EMR or EMT certification; five years of relevant firefighting and EMS experience; and completion of NFPA Instructor I and Officer I within 12 months of appointment.

Resident Lynn Bartel presented research on elected versus appointed chiefs and recommended the Council adopt a selection process to ensure qualified candidates and retain appointment authority, warning that elections can favor popularity over qualifications. Bartel urged the Council to prioritize professional qualifications, stability and clear oversight.

The Council reached consensus on next steps: schedule a January public hearing on the City Code amendment, update the SOPs in January to state the one‑month nomination/recommendation window, consult the City Attorney on the legality of a paid‑on‑call department holding an election, and proceed with department nominations or an internally held selection in January with the Council making a formal appointment in February or March. The minutes state no formal action was taken on the code change at the Dec. 15 meeting.

Councilmember Gregory Koch moved to adjourn; Councilmember Daniel Brennan seconded. A roll call vote recorded Jones, Brennan, Hanson, Hemphill and Koch voting aye and the motion carried. The meeting ended at 6:55 p.m.