[HISTORY: Adopted by the Borough Council
of the Borough of Stone Harbor 12-6-2005 by Ord. No. 1246; amended
in its entirety 11-3-2020 by Ord. No. 1573. Subsequent amendments
noted where applicable.]
In consideration of its continuous service to the people of
Stone Harbor since 1912, Stone Harbor Volunteer Fire Company No. 1
("Fire Company") is hereby designated as the official protective fire
service agency for the Borough of Stone Harbor and will also utilize
the services of both paid and volunteer members to provide this service.
The Fire Company is also designated as the provider of emergency medical
services to the Borough of Stone Harbor.
In accordance with N.J.S.A. 40A:14-7 and 40A:14-42, the Borough
of Stone Harbor hereby creates paid positions within the Stone Harbor
Volunteer Fire Company. In accordance with N.J.S.A. 40A:14-7 and 40A:14-42,
the Stone Harbor Volunteer Fire Company shall be composed of both
paid and volunteer firemen. In accordance with N.J.S.A. 40A:14-42:
"In any municipality where there is a volunteer fire company or force,
maintained and controlled by the municipality, having no paid fireman
and thereafter a paid position therein is created or established by
the governing body of said municipality, such position shall be filled
by a member of the volunteer fire company or force who shall have
served as an active fireman for at least two years next preceding
said appointment or by an exempt fireman of the company or force.
If no such member or exempt fireman is available for such appointment,
the appointment may be made to any qualified person. Said appointee
shall not be under 21 or over 40 years of age at the time of the appointment."
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Paid positions within the Stone Harbor Volunteer Fire Company shall
consist of full-time employees.
The Fire Company shall operate in accordance with applicable
New Jersey statutes. The appointment or election of the Chief of the
Fire Company as well as subordinate line officers and administration
of the independent corporation known as "Stone Harbor Fire Company
No. 1" shall remain the prerogative of the membership of Stone Harbor
Fire Company No. 1 in accordance with its bylaws and policies. Actual
day-to-day operation of the Fire Company shall be the responsibility
of the line officers and elected corporate officers. The Fire Chief
shall have full operational authority with regard to the provision
of fire or EMS service.
In addition to expenditures on apparatus and other items which
remain titled to the Borough of Stone Harbor, in consideration of
the provision of protective fire services and emergency medical services
to the Borough of Stone Harbor, the Borough may make such annual contributions
to Stone Harbor Fire Company No. 1 as approved by Borough Council
as part of its budgetary process and in accordance with the requirements
of applicable law.
The Stone Harbor Rescue Squad, Inc., is recognized as a volunteer
organization authorized to aid and support the Fire Company in performance
of the EMS function.
To the extent allowed by law, Stone Harbor Fire Company No.
1 and Stone Harbor Rescue Squad, Inc., may enter into any such agreement
by and between the two corporations as are deemed by such bodies to
be in aid of protecting the health, safety and welfare of the citizens
of the Borough of Stone Harbor. Such agreements, however, shall be
subject to the approval of Borough Council by resolution.
As allowed by law, employees, officers and elected officials
of the Borough of Stone Harbor are encouraged and permitted to serve
as volunteer firefighters and/or EMS volunteers. Such service shall
be in accordance with any and all policies contained in the Borough's
Personnel Manual and/or Executive Policy Manual.
The Borough recognizes that the role of a volunteer is an extremely
demanding vocation with extraordinary costs to volunteers and that
there is a need for incentives for volunteer retention and that stipend
programs are being utilized throughout the United States of America
in furtherance of same. The Borough acknowledges and supports the
efforts of Stone Harbor Fire Company No. 1 and Stone Harbor Rescue
Squad, Inc., to develop a workable volunteer retention/reimbursement
stipend program. The Borough further recognizes the increasing demands
of everyday life and the difficulties and costs associated with volunteer
service.
The Fire Chief shall develop criteria for payment of a monthly
stipend to certain firefighters providing fire service and/or participating
as an EMS volunteer. Those criteria shall be presented to Council
simultaneous with the adoption of this chapter and thereafter on an
annual basis no later than October 31 for consideration by the Public
Safety Committee of Borough Council. If ultimately acceptable to Council,
such criteria shall be accepted by resolution of the Borough Council.
Thereafter, the Fire Chief shall, no later than the 10th day of each
month, present to Borough Council the names of those firefighters
entitled to receive a fire and/or EMS stipend and the amount of stipend
to be paid to each individual. The Borough Council shall thereafter
place the list of such stipends on its agenda for consideration and
approval at its next regular meeting, and the Chief Financial Officer
shall issue payment of such stipends when so approved. In no event
shall any such stipend paid by the Borough in accordance with this
chapter be considered as salary or other remuneration. The stipend
is intended for the purposes aforesaid and, other than issuance of
the stipend checks, shall be administered by the Fire Company in accordance
with the accepted criteria. Each individual receiving a stipend shall
be issued a form 1099 for tax purposes and any and all tax payments
associated with such stipend shall be the responsibility of the individual
receiving such stipend.
Under and subject to § 41-8, commencing in 2007, the stipend program shall be subject to acceptance by resolution at the annual reorganization meeting of the Borough Council.
The payments set forth hereinabove shall not be considered as
salary, nor shall such payments be considered to in any way construe
the creating of a paid or partially paid fire company or rescue squad
within the Borough of Stone Harbor. No person receiving such stipend
shall be considered an employee of the Borough, and no conference
of any of the emoluments of employment are conferred by payment of
such stipend. Volunteers shall be responsible for payment of expenses
associated with their volunteer services, and the Borough shall have
no obligation to make any payment to any volunteer of the Fire Company,
other then stipends as determined hereunder.
No volunteer member of the Fire Company shall be entitled to
any stipend payment hereunder until he/she shall first have executed
a waiver waiving any and all claim to pension, civil service or employment
status of any kind whatsoever as a result of receiving any stipend.
The Chief of the Stone Harbor Fire Company shall, at a regular
Council meeting in May and October, report the effect of such payments
on the membership and attendance and such other information as may
be directed by the Mayor and Council regarding the operation of the
program on the volunteer firefighting force and EMS volunteers as
a unit.
