The Fire Division shall consist of the Fire Chief, the Deputy
Chief, two Battalion Chiefs, company officers from each of the recognized
volunteer fire companies and the membership of each of the recognized
volunteer fire companies, the sum of which shall be known as the City
of Burlington Fire Division. The Fire Division shall be governed by
the Fire Chief.
The Bureau of Fire Prevention shall administer and enforce the Uniform Fire Safety Act, N.J.S.A. 52:27D-192 et seq., and the administrative regulations enacted pursuant to the Act and as more fully set forth in Chapter
162, Fire Prevention.
The former title "Assistant Chief" shall be the equivalent of
"Battalion Chief" or "Deputy Chief" for purposes of determining qualification
for appointments. Additionally, the former title "Foreman" shall be
equivalent to "Captain," and the former title "Assistant Foreman"
shall be equivalent to "Lieutenant" for purposes of determining qualification
for appointment.
Pursuant to N.J.S.A. 43:12-28.1, the sum of $5,000 shall be
paid annually to the widow, during her widowhood, of any volunteer
firefighter who shall have died as a result of injuries sustained
in the course or performance of duty as a member of the Fire Division.
It shall be the duty of all officers and members to maintain
proper discipline and decorum at all times. All members shall faithfully
and promptly obey the rules, regulations, policies and procedures
set forth by the Fire Division and the lawful orders of superiors.
Written charges may be filed against any member by any other member,
a member of the public, or a public or private entity. The Fire Chief
shall have the authority to summarily discipline any offender, or
(s)he may choose to convene a Board of Rights.
A. Options. Disciplinary action may take the form of an oral warning,
written notice to improve performance, official written reprimand,
revocation of privileges, restriction of activities, removal from
office, suspension not to exceed one year, or expulsion from the Fire
Division. Only a Board of Rights can decide expulsion.
B. Authority to impose. The Fire Chief may administer all levels of
disciplinary action. An expulsion order shall only be drawn up upon
recommendation from a Board of Rights. Subordinate chiefs may administer
discipline up to a fifteen-day suspension. Suspensions greater than
15 days may only be ordered by the Fire Chief. Captains may administer
discipline up to revocation of privileges. Lieutenants may administer
discipline up to an official written reprimand. Written reports of
all discipline administered by subordinate officers shall be forwarded
to the Fire Chief within 48 hours of imposition.
C. Board of Rights.
(1) Composition. A Board of Rights shall consist of three individuals
as follows: one of the current subordinate chief officers, one current
company officer (Captain or Lieutenant), and one former chief officer
of any rank from a list of at least six volunteers willing to serve
on the Board. If the list of former chief officer volunteers contains
less than six names, additional volunteers shall be solicited from
among the executive officers of the fire companies. All three Board
members shall be chosen by lottery from within each pool of names
with the accused or his/her representative making the actual draw.
When the Board meets, the current chief officer shall chair the proceedings.
If a prospective Board member is a party to the instant case, he/she
shall be disqualified from the selection process. If all current subordinate
chief officers should be disqualified, the third Board member shall
be chosen by lottery from the pool of former chief officer volunteers,
or the additional volunteers as the case may be. In such instances,
the Fire Chief shall designate the chair for the proceedings.
(2) Duties. The Board of Rights shall conduct impartial hearings to review
formal charges brought against members. After hearing testimony from
both sides, the Board shall deliberate and render a decision. If the
decision sustains the charges, the Board shall also recommend disciplinary
action to the Chief. Within five days of reaching a decision, the
Board shall provide written copies of its findings to both parties.
(3) Proceedings. A hearing shall commence before the Board of Rights
within a reasonable time following the submission of written charges
to the Chief. The accused shall be provided an opportunity to present
his/her defense, with or without the assistance of counsel, and to
present witnesses and cross-examine any person testifying against
him/her. All testimony shall be given under oath. If deemed necessary,
a court reporter may be hired to record and transcribe the proceedings,
with the total costs thereof being evenly split between the accused
and the Fire Division.
(4) Implementation of decision. The Chief of the Fire Division shall
implement disciplinary action upon a guilty finding by the Board of
Rights. With sufficient justification, the Chief may impose a lesser
action than that recommended by the Board of Rights, but shall not
impose a stronger action. Implementation shall begin after the time
period for appeal has expired, or immediately after an appeal has
been denied.
(5) Appeals. An appeal may be taken to the Director of Public Safety
if written notice of appeal is served on the Director of Public Safety
within five calendar days of receipt of the written decision of the
Board of Rights. If notice of appeal is not served upon the Director
of Public Safety within this time period, the right to appeal shall
be deemed waived. The Director of Public Safety shall make his/her
determination based upon the written findings and the transcript of
the hearing before the Board of Rights if a transcript has been prepared.
The Director of Public Safety may elect to hear additional testimony.
The decision of the Director of Public Safety shall be final.
D. Concurrent suspension. If an officer or fire company suspends a member,
that member shall be concurrently suspended from the Fire Division
and shall not ride on any apparatus nor participate in fireground
operations or training sessions.
E. Matters involving the Chief. The Director of Public Safety shall
hear matters in which the Chief of the Fire Division is a party. The
Chief may appeal the Director's decision to Common Council.
When actual vacancies occur in the positions of Chief, Deputy
Chief or Battalion Chief in the Fire Division, or within 150 but not
less than 110 days prior to a vacancy which shall result from the
end of a term of office, an ad hoc committee shall be appointed by
Council to screen applicants for potential appointment to the vacant
position(s).
A. Composition. The committee shall consist of five individuals: two
former chief officers of any rank from the City of Burlington Fire
Division, one chief officer from another municipality's fire department,
one civilian with experience in management, and one member of Council.
B. Activation. The screening committee shall be activated no later than
September 22 of odd-numbered years to begin processing applications
for the routine vacancies, and at other times as needed when unforeseen
vacancies occur.
C. Applications. Candidates shall submit resumes and/or standardized
applications as determined by the committee. An applicant who does
not meet all the prerequisites for appointment shall not be considered
for further processing.
D. Interviews. The committee shall conduct interviews and may use additional
means to assess the qualifications of applicants in order to establish
the list of eligible candidates. A list established by the committee
shall be valid until the normal expiration of the term of office for
which it was established. Unforeseen vacancies shall be filled by
appointment from the then current list for the position which became
vacant, provided names of eligible candidates remain on that list.
If no names remain and 18 months or less remain in the unexpired term,
the appointing authority may appoint any individual meeting the stated
qualifications for that position to serve the remainder of the unexpired
term. Any individual so appointed who wishes to serve into the ensuing
term must make regular application and be interviewed during the next
appointment cycle.
E. Final recommendation. The committee shall submit the names of no
more than three qualified candidates for each position to the appointing
authority. The appointing authority shall conduct secondary interviews
of the finalists prior to making an appointment.
An individual who is a member of the National Guard or other
military reserve unit and is ordered to active duty in the U.S. military
shall be entitled to return to his/her position upon release from
active duty, provided time remains in his/her unexpired term. If the
tour of military duty will extend beyond the end of a term of office,
the position shall be considered vacant and filled in accordance with
provisions elsewhere in this article or fire company bylaws as appropriate.
A. Appointed officers. The appointing authority shall select a qualified
individual to serve as interim replacement until the return of the
original appointee.
B. Company officers and engineers. A qualified individual shall be selected
in accordance with the affected company's bylaws to serve until the
return of the original officeholder.
Any member may request a temporary leave of absence from duties
within the Fire Division not to exceed 180 days. All requests for
such leave shall be submitted in writing to the Fire Chief with an
explanation of the need for the leave. Approval for a leave of absence
shall be at the sole discretion of the Fire Chief. If a chief officer
is granted a temporary leave, the Fire Chief shall appoint a qualified
individual as acting chief officer for the specified time period.
If the Fire Chief requests a leave of absence, the Director of Public
Safety shall be the approving authority.