PRINTER'S NO. 1697
No. 1161 Session of 2004
INTRODUCED BY STACK, TARTAGLIONE, FUMO, KITCHEN, SCHWARTZ AND
A. WILLIAMS, JUNE 14, 2004
REFERRED TO URBAN AFFAIRS AND HOUSING, JUNE 14, 2004
AN ACT
1 Amending the act of April 21, 1949 (P.L.665, No.155), entitled
2 "An act to carry into effect section one of article fifteen
3 of the Constitution, giving cities of the first class the
4 right and power to frame, adopt and amend their own charters
5 and to exercise the powers and authority of local self-
6 government, and providing the procedure therefor; imposing
7 certain restrictions, limitations and regulations; imposing
8 duties upon city councils, city officers, county boards of
9 elections, courts and the Secretary of the Commonwealth; and
10 providing for the payment of certain expenses by such cities;
11 and imposing penalties," further providing for limitations on
12 the powers of cities of the first class.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The act of April 21, 1949 (P.L.665, No.155),
16 known as the First Class City Home Rule Act, is amended by
17 adding a section to read:
18 Section 18.1. Reduction or Elimination of Fire Protection.--
19 (a) Notwithstanding the grant of powers contained in this
20 act, a city of the first class may not reduce or eliminate any
21 ladder or engine company situated in the city without doing each
22 of the following:
1 (1) Providing written notice of the proposed reduction or
2 elimination to firefighters assigned to the affected company,
3 labor organizations representing those firefighters and members
4 of the public served by the company where the proposed reduction
5 or elimination will take place. The city may place an
6 advertisement in a newspaper of general circulation within the
7 affected area to effect the required public notice.
8 (2) Provide for a study to be conducted by an independent
9 third party which shall include, but be not limited to, detailed
10 projections of savings to be achieved by the proposed reduction
11 or elimination and analyses of the impact of the proposed
12 reduction or elimination on emergency response time, delivery of
13 emergency services to the public and safety of firefighters. An
14 independent third party must be an individual, association or
15 corporation that has expertise in the areas of public safety and
16 firefighting. The city shall select the independent third party
17 to conduct the study and shall determine its qualifications
18 subject to the definition. Once the study is completed, the city
19 shall give public notice of the study's completion and provide
20 copies of the study to any interested party that requests a
21 copy. The study shall be made available to interested parties at
22 least two weeks before a public hearing.
23 (3) Hold public hearings to receive feedback on the proposed
24 reduction or elimination in firefighting and emergency services
25 and the results of the study. In addition the city shall accept
26 written responses relating to the study's findings.
27 (b) When a labor organization representing firefighters
28 registers its opposition to the findings contained within a
29 study conducted under this subsection or to the proposed
30 reduction or elimination of engine or ladder companies through
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1 either oral testimony at a public hearing or in writing, the
2 city shall not proceed with the reduction or elimination.
3 Instead, the city must negotiate in good faith with the
4 firefighters' labor organization to resolve any disputes over
5 public and firefighter safety arising from each proposed
6 reduction or closure.
7 (c) In the event that the city and the labor organization
8 representing the firefighters do not resolve their issues
9 related to the proposed reduction or elimination of any fire
10 company, the labor organization may submit any unresolved issues
11 to interest arbitration before a three-person panel of
12 arbitrators, who will be selected in accordance with the
13 procedure under section 4(b) of the act of June 24, 1968
14 (P.L.237, No.111), referred to as the Policemen and Firemen
15 Collective Bargaining Act. Such unresolved issues must be
16 submitted to arbitration within ninety days of commencement of
17 negotiations. The determination of the majority of the board of
18 arbitration shall be final on the issue or issues in dispute and
19 shall be binding upon the public employer and the firefighters
20 involved as provided for in section 7 of the Policemen and
21 Firemen Collective Bargaining Act. Each proposed company closure
22 shall be subject to negotiation and arbitration, and no company
23 may be reduced or eliminated absent an arbitration award
24 concluding that the proposed reduction or elimination will not
25 compromise firefighter and paramedic safety.
26 Section 2. The addition of section 18.1 of the act shall be
27 retroactive to June 1, 2004.
28 Section 3. This act shall take effect immediately.
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