§ 26.02. Findings of fact.

Based upon evidence and testimony submitted to the city council, the council hereby makes the following findings:

(1)

The duties of firefighter require that firefighters be in excellent physical condition.

(2)

The duties of firefighter require that firefighters periodically must be able to perform severely strenuous acts in the course of firefighting and life saving.

(3)

The normal operation and primary purpose of the fire department is to provide for the safety and protection of the citizens of the city and would include the duties set forth above.

(4)

The failure of a fireman to perform his duties could mean the difference between life and death for the citizens of Saint Paul.

(5)

There is medical evidence that there is a relationship between advancing age and the physical inability to respond to the needs or duties of firemen.

(6)

There is medical evidence that there is a relationship between advancing age and the mental inability to respond to the needs or duties of firemen.

(7)

The Federal District Court has determined that a mandatory retirement age of sixty-five (65) is a bona fide occupational qualification for all city employees in the uniformed division of the fire department employed in the position of firefighter, fire equipment operator and fire captain, but that a mandatory retirement age of sixty-five (65) for fire chief and district chief is not a bona fide occupational qualification.

(8)

The primary duties of district chief and deputy chief are that of supervision, but such employee can be called upon at any time to perform the duties of firefighter, fire equipment operator or fire captain, and the judgment and decisions of a deputy chief or district chief can affect the safety of fellow firefighters and citizens, and a mandatory retirement age of seventy (70) for such positions would be in the best interest to fully protect the property and public safety of the citizens of the city.

(9)

There is no alternative policy which could be established by the city and still fully protect the property and public safety of the citizens of the city.

(Ord. No. 16591, 10-18-79; Ord. No. 17304, § 1, 11-7-85)