HomeMy WebLinkAboutOrdinance 6900Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6900
File Number: 2025-1411
AN ORDINANCE TO ENACT § 33.052 FIREFIGHTER BILL OF RIGHTS IN THE FAYETTEVILLE CITY
CODE
WHEREAS, this year the Arkansas General Assembly adopted Act 686 of 2025, which recommends a basic bill of
rights for firefighters of municipalities in Arkansas; and
WHEREAS, the Act authorizes the City to adopt a local ordinance establishing any or all of the procedures under the
Act as a guide for negotiating personnel issues with firefighters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 33.052 Firefighter Bill of
Rights as shown in Exhibit A attached hereto and made a part hereof.
PASSED and APPROVED on August 19, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $79.04
Exhibit A
33.052 Firefighter Bill of Rights
(A) Purpose. The purpose of this ordinance is to formally establish a firefighter bill of
rights. The bill of rights provides basic protections for the firefighters regarding
personnel disciplinary and promotional actions.
(B) Definitions. As used in this ordinance:
(1) “Firefighter” means a public servant vested by law with the primary duty of
fighting fires and providing fire protection services to a municipality;
(2) “Formal proceeding” means a proceeding heard before any officer,
committee, or other body of municipal government with the authority to
take disciplinary action against a firefighter; and
(3) “Official departmental charges” means a written document from the fire
chief or other lawful authority notifying the accused firefighter that charges
of misconduct have been made and setting forth the specifics of the
alleged misconduct.
(4) “Pre-disciplinary Hearing” is a brief, formal meeting where the firefighter
has an opportunity to respond to proposed disciplinary action before it is
finalized.
(C) Disciplinary proceedings. When a firefighter is under investigation for alleged
improper conduct with a possible result of termination, demotion, or other
disciplinary action causing loss of pay or status, the following minimum standards
may apply:
(1) Adverse inference shall not be drawn and no punitive action shall be taken
from a refusal of the firefighter being investigated to participate in the
investigation or be interrogated other than when the firefighter is on duty
or is otherwise fully compensated for the time spent in accordance with
municipal and departmental overtime policy, state law, and federal law.
(2) An interrogation of a firefighter shall take place at:
(a) The office of those conducting the investigation;
(b) The place where the firefighter reports for duty; or
(c) Another reasonable place as the investigator may determine.
(3) The firefighter being investigated shall be informed at the commencement
of his or her interrogation of:
(a) The nature of the investigation;
(b) The identity and authority of the person or persons conducting the
investigation; and
(c) The identity of all persons present during the interrogation;
(4) During the interrogation of the firefighter, questions will be posed by or
through only one (1) interrogator at a time.
(5) An interrogation of a firefighter in connection with an investigation shall be
for a reasonable period of time and shall allow for reasonable periods for
the rest and personal necessities of the firefighter.
(6) No threat, harassment, promise, or reward shall be made to a firefighter in
connection with an investigation in order to induce the answering of any
questions that the firefighter has a legal right to refrain from answering, but
immunity from prosecution may be offered to induce such a response.
(7) Interrogations
(a) An interrogation of a firefighter in connection with an investigation
against him or her shall be recorded in full.
(b) The firefighter may make his or her own independent recording of
the interrogation and have one (1) witness of his or her choosing
present who shall be:
(i) An attorney; or
(ii) A member of the fire department who is not related in any
way to the matter under investigation;
(8) A formal proceeding with the authority to administer disciplinary action
against a firefighter shall not be held unless official departmental charges
are brought;
(9) Notice of charges.
(a) Official departmental charges shall contain the:
(i) Specific conduct that is alleged to be improper;
(ii) Date and the approximate time of the alleged misconduct;
(iii) Witnesses whose information provided the basis for the
charges; and
(iv) Specific rules, regulations, orders, or laws alleged to have
been violated.
(b) If additional potential violations or witnesses emerge during the
investigation, a supplemental notice of charges shall be issued to
the firefighter as soon as practicable.
(10) Predisciplinary hearings
(a) A firefighter under official departmental charges is entitled to a pre-
disciplinary hearing before the fire chief, if a disciplinary action is
being considered.
(b) The firefighter may have one (1) witness of his or her choosing
present at the hearing; the witness shall be:
(i) An attorney; or
(ii) A member of the fire department who is not related in any
way to the matter under investigation;
(c) The pre-disciplinary hearing occurs following the conclusion of the
investigation
(i) The department makes a tentative disciplinary
recommendation.
(ii) The firefighter receives notice and attends the pre-
disciplinary hearing.
(d) The pre-disciplinary hearing provides an opportunity to:
(i) Notify the employee of proposed discipline.
(ii) Outline the circumstances or findings that support
disciplinary action.
(iii) Allow the firefighter to explain, present mitigating facts, or
dispute the findings.
(e) After the pre-disciplinary hearing, the department finalizes its
decision and administers the disciplinary action.
(f) Notification of personnel action. Except under exigent
circumstances, a firefighter shall be notified of the pending action
by written official departmental charges a reasonable time before
the action is taken when a personnel action may result in a loss of:
(i) Pay;
(ii) Benefits; or
(iii) Status.
(11) A formal proceeding under which a firefighter may be penalized shall not
be brought except upon charges signed by the person making those
charges.
(D) Disclosure not required for promotion or assignment. A firefighter shall not be
required to disclose any of the following information as it relates to the firefighter
or a member of the firefighter's household for the purpose of promotion or
assignment:
(1) An item of his or her property;
(2) Income;
(3) Assets;
(4) Debts; or
(5) Expenditures.
(E) Participation in political activities. Except when on duty or acting in his or her
official capacity, a firefighter of a municipality shall not be:
(1) Prohibited from engaging in political activity; or
(2) Denied the right to refrain from engaging in the political activity.
(F) No retaliation for exercise of rights; Other legal remedies.
(1) A firefighter shall not be penalized or threatened with a penalty for
exercising his or her rights under this subchapter.
(2) This subchapter is not an exclusive legal remedy for a firefighter with
respect to any rights a firefighter has under this subchapter.
(3) Retaliation against an employee who, in good faith, reports a concern,
participates in an investigation, or cooperates in any inquiry or
proceedings is strictly prohibited.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-1411
MEETING OF AUGUST 19, 2025
TO: Mayor Rawn and City Council
THRU:
FROM: Molly Rawn, Mayor
SUBJECT: Approval of an Ordinance for Firefighter Bill of Rights
RECOMMENDATION:
Mayor Rawn is sponsoring an ordinance to adopt the Firefighter Bill of Rights.
BACKGROUND:
The Arkansas Legislature adopted ACT 626 to recommend a basic Bill of Rights for firefighters of
municipalities in Arkansas. A municipality may adopt a local ordinance establishing any or all of the
procedures under this ACT as a guide for negotiating personnel issues with its firefighters.
DISCUSSION:
The purpose of this ordinance is to formally establish a firefighter bill of rights. The bill of rights provides basic
protections for the firefighters regarding personnel disciplinary and promotional actions.
BUDGET/STAFF IMPACT:
There is no budget impact related to this ordinance.
ATTACHMENTS: 3. Staff Review Form, 4. Firefighters Bill of Rights - Exhibit A, 5. Act 686
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-1411
AN ORDINANCE TO ENACT § 33.052 FIREFIGHTER BILL OF RIGHTS IN THE
FAYETTEVILLE CITY CODE
WHEREAS, this year the Arkansas General Assembly adopted Act 686 of 2025, which recommends a
basic bill of rights for firefighters of municipalities in Arkansas; and
WHEREAS, the Act authorizes the City to adopt a local ordinance establishing any or all of the
procedures under the Act as a guide for negotiating personnel issues with firefighters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 33.052
Firefighter Bill of Rights as shown in Exhibit A attached hereto and made a part hereof.
City of Fayetteville Staff Review Form
2025-1411
Item ID
8/19/2025
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Mayor Rawn 7/31/2025 MAYORS ADMIN (015)
Submitted By Submitted Date Division / Department
Action Recommendation:
Mayor Rawn is sponsoring an ordinance to adopt the Firefighter Bill of Rights.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item?No Total Amended Budget $-
Expenses (Actual+Encum)$-
Available Budget $-
Does item have a direct cost?No Item Cost $-
Is a Budget Adjustment attached?No Budget Adjustment $-
Remaining Budget $-
V20221130
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
Stricken language would be deleted from and underlined language would be added to present law.
Act 686 of the Regular Session
*SSS125* 04-07-2025 12:18:08 SSS125
State of Arkansas As Engrossed: H3/20/25 S4/7/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1808 3
4
By: Representatives A. Collins, Andrews 5
By: Senator C. Tucker 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING MUNICIPAL FIRE 9
DEPARTMENTS; TO CREATE THE BILL OF RIGHTS FOR 10
FIREFIGHTERS; AND FOR OTHER PURPOSES. 11
12
13
Subtitle 14
TO AMEND THE LAW CONCERNING MUNICIPAL 15
FIRE DEPARTMENTS; AND TO CREATE THE BILL 16
OF RIGHTS FOR FIREFIGHTERS. 17
18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
20
SECTION 1. Arkansas Code Title 14, Chapter 53, is amended to add an 21
additional subchapter to read as follows: 22
Subchapter 2 —— Bill of Rights for Firefighters 23
24
14-53-201. Purpose. 25
(a) The purpose of this subchapter is to recommend a basic Bill of 26
Rights for firefighters of municipalities in Arkansas. 27
(b) A municipality may adopt a local ordinance establishing any or all 28
of the procedures under this subchapter as a guide for negotiating personnel 29
issues with its firefighters. 30
31
14-53-202. Definitions. 32
As used in this subchapter: 33
(1) “Firefighter” means a public servant vested by law with the 34
primary duty of fighting fires and providing fire protection services to a 35
municipality; 36
As Engrossed: H3/20/25 S4/7/25 HB1808
2 04-07-2025 12:18:08 SSS125
(2) “Formal proceeding” means a proceeding heard before any 1
officer, committee, or other body of municipal government with the authority 2
to take disciplinary action against a firefighter; and 3
(3) “Official departmental charges” means a written document 4
from the fire chief or other lawful authority notifying the accused 5
firefighter that charges of misconduct have been made and setting forth the 6
specifics of the alleged misconduct. 7
8
14-53-203. Disciplinary proceedings. 9
When a firefighter is under investigation for alleged improper conduct 10
with a possible result of termination, demotion, or other disciplinary action 11
causing loss of pay or status, the following minimum standards may apply: 12
(1) Adverse inference shall not be drawn and no punitive action 13
shall be taken from a refusal of the firefighter being investigated to 14
participate in the investigation or be interrogated other than when the 15
firefighter is on duty or is otherwise fully compensated for the time spent 16
in accordance with municipal and departmental overtime policy, state law, and 17
federal law; 18
(2) An interrogation of a firefighter shall take place at: 19
(A) The office of those conducting the investigation; 20
(B) The place where the firefighter reports for duty; or 21
(C) Another reasonable place as the investigator may 22
determine; 23
(3) The firefighter being investigated shall be informed at the 24
commencement of his or her interrogation of: 25
(A) The nature of the investigation; 26
(B) The identity and authority of the person or persons 27
conducting the investigation; and 28
(C) The identity of all persons present during the 29
interrogation; 30
(4) During the interrogation of the firefighter, questions will 31
be posed by or through only one (1) interrogator at a time; 32
(5) An interrogation of a firefighter in connection with an 33
investigation shall be for a reasonable period of time and shall allow for 34
reasonable periods for the rest and personal necessities of the firefighter; 35
(6) No threat, harassment, promise, or reward shall be made to a 36
As Engrossed: H3/20/25 S4/7/25 HB1808
3 04-07-2025 12:18:08 SSS125
firefighter in connection with an investigation in order to induce the 1
answering of any questions that the firefighter has a legal right to refrain 2
from answering, but immunity from prosecution may be offered to induce such a 3
response; 4
(7)(A) An interrogation of a firefighter in connection with an 5
investigation against him or her shall be recorded in full. 6
(B) The firefighter may make his or her own independent 7
recording of the interrogation and have one (1) witness of his or her 8
choosing present who shall be: 9
(i) An attorney; or 10
(ii) A member of the fire department who is not 11
related in any way to the matter under investigation; 12
(8) A formal proceeding with the authority to administer 13
disciplinary action against a firefighter shall not be held unless official 14
departmental charges are brought; 15
(9) Official departmental charges shall contain the: 16
(A) Specific conduct that is alleged to be improper; 17
(B) Date and the time of the alleged misconduct; 18
(C) Witnesses whose information provided the basis for the 19
charges; and 20
(D) Specific rules, regulations, orders, or laws alleged 21
to have been violated; 22
(10)(A) A firefighter under official departmental charges is 23
entitled to a predisciplinary hearing before the fire chief, if the 24
disciplinary action is being considered. 25
(B) The firefighter may select a person of his or her 26
choosing to be present at the hearing; and 27
(11) A formal proceeding under which a firefighter may be 28
penalized shall not be brought except upon charges signed by the person 29
making those charges. 30
31
14-53-204. Disclosure not required for promotion or assignment. 32
A firefighter shall not be required to disclose any of the following 33
information as it relates to the firefighter or a member of the firefighter's 34
household for the purpose of promotion or assignment: 35
(1) An item of his or her property; 36
As Engrossed: H3/20/25 S4/7/25 HB1808
4 04-07-2025 12:18:08 SSS125
(2) Income; 1
(3) Assets; 2
(4) Debts; or 3
(5) Expenditures. 4
5
14-53-205. Notification of personnel action. 6
Except under exigent circumstances, a firefighter shall be notified of 7
the pending action by written official departmental charges a reasonable time 8
before the action is taken when a personnel action may result in a loss of: 9
(1) Pay; 10
(2) Benefits; or 11
(3) Status. 12
13
14-53-206. Participation in political activities. 14
Except when on duty or acting in his or her official capacity, a 15
firefighter of a municipality shall not be: 16
(1) Prohibited from engaging in political activity; or 17
(2) Denied the right to refrain from engaging in the political 18
activity. 19
20
14-53-207. No retaliation for exercise of rights —— Other legal 21
remedies. 22
(a) A firefighter shall not be penalized or threatened with a penalty 23
for exercising his or her rights under this subchapter. 24
(b) This subchapter is not an exclusive legal remedy for a firefighter 25
with respect to any rights a firefighter has under this subchapter. 26
27
/s/A. Collins 28
29
30
APPROVED: 4/16/25 31
32
33
34
35
36
Form,1 55
NNA
RECEIVED
8/19/20205
rnedZa CITY of GAYET''EVILLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYE 1 1 tV1LLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 533386
PO #:
Matter of: ORD 6900
AFFIDAVIT•STATE OF ARKANSAS
I, ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printedIJflddtLJOflS
published in WASHINGTON/BENTON county.State ofARKANSAS:that I was so related.o
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6900
Pending in the court.in said County.and at the dates of the several publications of said advertisement stated below_and
that during said periods and at said dates,said newspaper was printed and had a bona tide circulation in said County.
that said newspaper had been regularly printed and published in said county.and had a bona tide circulation therein for
the period of one month before the date of the first publication of said advertisement:and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$79.04.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 08/24/25;NWA nwaonline.com 08/24/25
jdi ���Legal Cle ����ar
gNotary Public State of Arkansas
Washington County
State of ARKANSAS,County of W t0(1 . My Commix i neEx Stagpires g*
Subscribed and sworn to before me on this 25th day ofAugust. 2 2-5 Commission Number 12402772
NOTARY PUBLIC
Ordinance:6900
nle Number:2025-1411
AN ORDINANCE TO ENACT§
33.052 FIREFIGHTER BILL OF
RIGHTS IN THE FAYETTEVILLE
CITY CODE
WHEREAS, this year the
Arkansas General Assembly
adopted Act 686 of 2025,which
recommends a basic bill of
rights for firefighters of munici-
palities in Arkansas;and
WHEREAS,the Act authorizes
the City to adopt a local ordi-
nance establishing any or all of
the procedures under the Act as
a guide for negotiating person-
nel issues with firefighters.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE UN OF FAYETTEVILLE,
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby enacts §
33.052 Firefighter Bill of Rights
as shown in Exhibit A attached
hereto and made a part hereof.
PASSED and APPROVED on
August 19,2025
Approved:
Molly Rawn,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$79.04
August 24,2025 533386