CAO 98-36CITY OF MIAMI BEACH
City Attorney's Office
Memorandum
To,'
Via:
From:
Sergio Rodriguez Date: November 22, 1999
City Manager
Subject: Under What Authority Can the Administration Assign or Transfer Fire Depaament
Resources and Services from One Station to Another?
You have requested a legal opinion regarding the assignment or transfer of fire department
resources and services from one station to another. Specifically, it was stated that the objective was
to define who has the authority to: 1. transfer a rescue unit to a different station; and 2. who has the
authority to alter/change the area serviced by a fire station.
Pursuant to the current job description of the Fire Chief, one of the illustrative examples of
the Chiefs duties is: "makes recommendations for the establishment and maintenance of an adequate
fire defense." In addition, the Fire Chief "makes assignments and supervises subordinate officers
in the care and maintenance of eqnipment, stations and other supplies." Finally, the current union
contract, Article V enti~ed "Management Rights" states that the City retains the authority and right
to "determine or change the methods, means, organizations and personnel by which such operations
and services are to be conducted" as well as "to change or eliminate existing methods, equipment
or facilities." Copies of the job description of the Fire Chief and Article V of the current Union
contract are attached for reference.
A review of the City Charter, City Code as well as a search of the City Clerk's records did
not reveal any further pertinent information, particularly as to how the fire zones were originally
established. Consultation with the Miami-Dade County Fire Department, as well as its legal advisor
revealed that the authority rests solely with the Dade County Fire Chief as to transfer of equipment
or altering/changing an area serviced by a particular fire station.
Therefore, based upon the foregoing, it appears that the Fire Chief has the authority tO 1.
transfer a rescue unit to a different station and,2. to alter/change the area serviced by a fire station.
If you need additional information or further clarification, I will be happy to provide same.
RLM:mm
Attachments
c: Mayra Diaz Buttacavoli, Assistant City Manager
Floyd Jordan, Fire Chief