FIRE DEPARTMENT

Memphis Charter art. 13

in effect

Memphis Charter, art. 13, § 84 Authority of board to establish grades, ranks, etc.

Sec. 84. - Authority of board to establish grades, ranks, etc. The Board of Commissioners, in addition to all other powers delegated to it, is hereby authorized and fully empowered, by ordinance, to establish and fix the grades, ranks and classifications of all officers and other employees of the Fire Department of the City of Memphis. (Priv. Acts 1945, ch. 56, § 14)

Memphis Charter, art. 13, § 85 Chief; number of other officers and employees to be determined by Board of Commissioners; salaries.

Sec. 85. - Chief; number of other officers and employees to be determined by Board of Commissioners; salaries. There shall be but one chief of the Fire Department, but the Board of Commissioners, in addition to all other powers delegated to it, is hereby authorized and fully empowered, by ordinance, to determine the number of officers and employees in each grade, rank and classification to be employed by the City of Memphis in the Fire Department; and to fix the salaries of all of said officers and employees. (Priv. Acts 1921, ch. 43, § 3; Priv. Acts 1945, ch. 56, § 14)

Memphis Charter, art. 13, § 86 Appointment of probationers.

Sec. 86. - Appointment of probationers. Probationers shall be appointed in conformity with the civil service law, being sections 26 et seq., of chapter 298 of the Acts of the General Assembly of the State of Tennessee for 1909, (see now Priv. Acts 1935, ch. 142, as amended by Priv. Acts 1937, ch. 122, Priv. Acts 1941, ch. 44, and Priv. Acts 1945, ch. 118), it being the intention to repeal no part of the civil service laws now applying to members of the Fire Department of the City of Memphis except those in conflict with the provisions of this Act. (Priv. Acts 1921, ch. 43, § 8)

Memphis Charter, art. 13, § 87 Firemen's pension board—Created; composition; powers and duties generally.

Sec. 87. - Firemen's pension board—Created; composition; powers and duties generally. The Board of Commissioners of said City of Memphis [is required] to create a board to be known as the firemen's pension board, to be composed of the Commissioner of Fire and Police, the Chief of the Fire Department, and three members to be appointed by the Board of Commissioners of the said City, upon nomination by the Mayor; and it shall be the duty of said pension board to pass upon all applications for pensions or for compensation, and said board shall have full power to execute and carry into effect all of the provisions of this Act. (Priv. Acts 1937, ch. 492)

Memphis Charter, art. 13, § 88 Same—Comptroller to perform clerical work; examination of applicants by City physician or superintendent of health.

Sec. 88. - Same—Comptroller to perform clerical work; examination of applicants by City physician or superintendent of health. The Comptroller shall do and perform all the clerical work necessary for said board; and the City physician or superintendent of the Health Department shall, without compensation, at the request of said board, examine all applicants for compensation or pension. (Priv. Acts 1921, ch. 42, § 2; Priv. Acts 1937, ch. 123, §§ 2 and 18)

Memphis Charter, art. 13, § 89 Same—Majority vote required for expenditure of funds, etc.

Sec. 89. - Same—Majority vote required for expenditure of funds, etc. No funds shall be spent, nor other action taken, by said board except by majority vote of all the members of said board. (Priv. Acts 1921, ch. 42, § 3)

Memphis Charter, art. 13, § 90 Same—Power to pension in case of injury or death resulting from injury in performance of duty; to whom payable; suspension or cancellation of pension.

Sec. 90. - Same—Power to pension in case of injury or death resulting from injury in performance of duty; to whom payable; suspension or cancellation of pension. Whenever any member of the Fire Department of said City sustains an injury directly caused by accident arising in the course of his employment and while such fireman is on duty as a member of said department, and such injury proximately causes such fireman to be permanently disabled for the proper performance of his duty as a member of said department, the said firemen's pension board is empowered, in its discretion, to grant a pension, not exceeding fifty percent of the salary being paid to firemen of the same grade or classification of the member sustaining such permanent disability, and payable only for such period of time as such pension board shall determine. Whenever any member of the Fire Department in said City sustains an injury directly caused by accident arising in the course of his employment and while such fireman is on duty as a member of said department, and death results proximately from such accident and injury, the said pension board is empowered, in its discretion, to grant a pension, not exceeding fifty percent of the salary received by such fireman at the time of sustaining the injury which resulted in his death, payable only for such period of time as said pension board shall determine and payable only to that person or those persons then actually dependent by reason of affinity or consanguinity in the following degrees only, to-wit: The lawful widow of such member, provided she was living with her husband at the time of his injury and death and actually was dependent upon him for her maintenance and support; if no widow, to all minor children under age of eighteen years; if neither widow nor minor children under the age of eighteen years, to the father and/or mother who were supported by the deceased member of said department at the time of his death and for a substantial period of time immediately prior thereto. Should the lawful widow of such deceased employee remarry, the pension granted to her shall terminate, and the death of any person receiving any amount as a pension under this section shall terminate said pension as to such deceased dependent. Where such pension is payable to minor children as herein provided, the amount awarded to them shall be paid to their legal guardian to be used for their maintenance and education. Such firemen's pension board is also empowered and authorized to decline any application for pension under this section, and to cancel, suspend, or discontinue any pensions granted under the provisions of this Act at any time for any causes which said pension board by a majority vote of its members, shall deem sufficient for such declination, cancellation, suspension or discontinuance. (Priv. Acts 1921, ch. 42, § 4; Priv. Acts 1931, ch. 476, § 1; Priv. Acts 1933, ch. 396)

Memphis Charter, art. 13, § 91 Same—Retirement for mental or physical disability after twenty years' service.

Sec. 91. - Same—Retirement for mental or physical disability after twenty years' service. When any member of the Fire Department of said City shall have served twenty consecutive years and after such period of service shall become mentally or physically unable to perform the duties of such department, the firemen's pension board is empowered, in its discretion, to retire such member on a pension not exceeding fifty percent of the salary being paid by the said City to members of said department of the same grade or classification as that of the member being retired, and payable only for such period of time as said pension board shall determine. (Priv. Acts 1933, ch. 396, § 2)

Memphis Charter, art. 13, § 92 Same—City to provide funds; special tax levy.

Sec. 92. - Same—City to provide funds; special tax levy. It shall be the duty of the Board of Commissioners to provide the necessary funds to carry out the provisions of this Act; and in the event that the necessary funds are not provided out of the general funds of said City, the Board of Commissioners are hereby authorized and empowered to levy a special tax to meet the expenses and demands necessary to carry out the provisions of this Act. In the event the Charter or laws governing said City shall provide a limit for taxation, then this special tax shall not be considered a part of the general taxes, and shall be levied and collected in addition to any sum or sums which said City is or may be authorized to levy and collect. (Priv. Acts 1921, ch. 42, § 6)

Memphis Charter, art. 13, § 93 Same—Members not to receive compensation.

Sec. 93. - Same—Members not to receive compensation. No member of such board may collect or receive any compensation for his services on such board. (Priv. Acts 1921, ch. 42, § 7)

Memphis Charter, art. 13, § 94 Same—Pensions considered gratuitous allowances and not contractual obligations; power of board to cancel, revoke, suspend or reduce pensions.

Sec. 94. - Same—Pensions considered gratuitous allowances and not contractual obligations; power of board to cancel, revoke, suspend or reduce pensions. Any and all pensions granted under the provisions of this Act and amendments thereto shall be considered gratuitous allowances and not in any sense contractual obligations of the said pension board or said City and the said pension board is fully empowered to cancel, revoke, suspend or reduce any pensions at any time granted by said board to any member of the Fire Department of said City or to his widow, children or other dependents. (Priv. Acts 1921, ch. 42; Priv. Acts 1933, ch. 396, § 3)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART13FIDEFetched: 10/28/2026