City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 2-1-2000 by Ord. No. 6113-00.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous Materials Control Board — See Ch. 45.
Personnel policies — See Ch. 73.
Police Department — See Ch. 77.
Salaries and compensation — See Ch. 99.
Alarm devices — See Ch. 133.
Uniform Construction Codes — See Ch. 197.
Emergency medical services — See Ch. 213.
Fire limits — See Ch. 231.
Fire prevention — See Ch. 233.
Fire zones — See Ch. 235.
Fire insurance claims — See Ch. 285, Art. I.
[1]
Editor's Note: This ordinance also repealed former Ch. 37, Fire Department, adopted as follows: Art. I, General Provisions, adopted 12-20-1960 by Ord. No. 3319 as Ch. 13 of the Revised Ordinances of the City of Clifton, 1960, as amended; Art. II, Salaries and Benefits, adopted 6-2-1980 by Ord. No. 4578-80, as amended; Art. III, Ambulance Service, adopted 11-6-1991 by Ord. No. 5549-91, as amended.

§ 37-1 Continuation.

The Fire Public Safety Department, as heretofore established, is hereby continued and shall be now known and referred to as the "Fire Department."

§ 37-2 Organization; number of officers.

[Amended 3-4-2003 by Ord. No. 6338-03; 5-3-2005 by Ord. No. 6483-05; 3-3-2009 by Ord. No. 6802-09; 5-5-2009 by Ord. No. 6812-09; 1-4-2011 by Ord. No. 6918-11; 8-3-2011 by Ord. No. 6971-11; 10-6-2015 by Ord. No. 7243-15; 12-15-2015 by Ord. No. 7260-15]
The Fire Department of the City of Clifton shall consist of the following officers and firefighters whose offices and positions are hereby continued and created, except as herein provided:
Position
Number
Chief
  1
Deputy Fire Chief
  4
Fire Captain
  8
Fire Lieutenant
22
Firefighter
104
Total
139

§ 37-3 Appointment of Fire Chief.

The City Manager shall appoint the Fire Chief, who shall be the commanding officer of the fire forces of the City under the supervision and direction of the City Manager.

§ 37-4 Powers and duties of Fire Chief.

The Fire Chief, subject to the approval of the Director of Public Safety and the City Manager, shall have control of the assignment and stationing of the members of the fire force and the direction of the fire work of the City. He shall see that members of the Fire Department properly perform their duties as defined by law and ordinances of the City, as well as by the rules and regulations governing the Fire Department. The Fire Chief shall be authorized and empowered, and it shall be his duty, to do and perform all acts and things required by general law, ordinances of the City and rules and regulations of the Fire Department. The Fire Chief shall work a minimum of 40 hours per week and, further, depending upon the existing circumstances, conditions and emergencies, such additional hours as may be necessary or required to effectively and fully carry out and perform his duties, responsibilities and functions. He shall at all times be available for duty except when excused by the City Manager. He shall perform such other duties as may be required of him by the City Manager.

§ 37-5 Appointment of members.

A. 
The City Manager shall, in the manner provided by law, appoint such officers, assistants, subordinates and employees of the Fire Department as may be provided for.
B. 
No person shall be appointed a member of the Fire Department unless he possesses the requisite qualifications prescribed by the applicable statutes of New Jersey. No officer shall be removed from office except for the reasons established and in accordance with the procedure laid down in applicable state laws.

§ 37-6 Powers and duties of members.

It shall be the duty of every member of the Fire Department to observe and enforce all laws, ordinances and rules and regulations pertaining to his duty as a fire fighter. He shall, under the supervision of the City Manager, be authorized and empowered, and it shall be his duty, to perform all acts and things required by general law, ordinances of the City and rules and regulations of the Fire Department. All members shall perform such other duties as may be required of them by the City Manager.

§ 37-7 Promotion of members.

All promotions or changes from one rank to another in the Fire Department shall be made by the City Manager; provided, however, that no promotions from one rank to another shall be made in the Department unless the person so promoted shall have first served at least three successive years in the Department.

§ 37-8 Management and control of Department.

The management and control of the Fire Department shall be under the Chief and, in his absence, the Deputy Chiefs in accordance with their rank, subject always to the direction of the City Manager.

§ 37-9 Adoption of rules and regulations.

There are hereby adopted rules and regulations for the Fire Public Safety Department of the City of Clifton, New Jersey, for the government and discipline of the Fire Public Safety Department of the City of Clifton.

§ 37-10 Copy of rules and regulations to be on file.

One copy of the rules and regulations for the Fire Public Safety Department of the City of Clifton, New Jersey, shall be placed on file in the office of the City Clerk and made available for public examination.

§ 37-11 Copies of rules and regulations to be furnished to members.

Upon passage of this chapter, a copy of the rules and regulations for the Fire Public Safety Department of the City of Clifton, New Jersey, as hereby adopted shall be furnished to each member of the Fire Public Safety Department and such other person or persons or department as is appropriate in the opinion of the Chief Public Safety Officer of the City of Clifton.

§ 37-12 Repealer.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency only.

§ 37-13 Fire Chaplains; appointment; term; salary.

[Amended 6-1-2004 by Ord. No. 6413-04]
There is established within the Fire Department the position of Fire Chaplains. There shall be five Fire Chaplains who shall be appointed by the City Manager, and they shall serve for a period of three years without salary.

§ 37-14 Qualifications of Chaplains.

Any person appointed as a Chaplain shall be a duly and regularly ordained clergyman in good standing in the religious body from which he may be selected.

§ 37-15 Chaplains to be members of Department.

Any Chaplain appointed pursuant to the terms of §§ 37-13 through 37-16 shall become a member of the Fire Department and shall rank as a battalion chief, except as to salary. Such Chaplain shall be subject to the rules, duties and regulations prescribed and in effect for the Fire Department.

§ 37-16 Positions not to create vested rights.

The positions established under §§ 37-13 through 37-16 shall not create nor vest any pension, tenure or civil service rights in the incumbents thereof.

§ 37-17 Adoption of duty schedule.

[Amended 3-18-2003 by Ord. No. 6339-03]
All shift employees shall work a twenty-four-hour workday, followed by 72 hours off. This shall be reviewed after a one-year trial period (July 31, 2002 to July 31, 2003) as per the arbitrator's award.

§ 37-18 Emergency duty.

Nothing herein contained shall be construed to mean that in times of emergency the officer or official having charge or control of the Fire Department shall be prohibited from summoning to and keeping on duty as many such firemen as shall be necessary within the sole discretion of such officer or official to cope with such emergency.

§ 37-19 Salaries; extra compensation.

[Amended 3-18-2003 by Ord. No. 6339-03; 4-16-2008 by Ord. No. 6731-08; 2-4-2014 by Ord. No. 7136-14]
A. 
The offices and employments enumerated herein, other than those created by statute or ordinance, be and the same are hereby created for the proper conduct of the affairs of the City, and the amounts enumerated hereinafter be and they are fixed, granted and ordered paid as regular salaries or wages to the officers and employees now or hereafter in the offices or employment enumerated.
B. 
Increases; salaries enumerated.
(1) 
The salary range for firefighters, Lieutenants, Captains and Deputy Chiefs shall include steps in accordance with the applicable collective bargaining agreement.
(2) 
The salaries of firefighters, Lieutenants, Captains and Deputy Chiefs shall be increased as follows at top step only in accordance with the terms of the relevant collective bargaining agreement:
(a) 
As of January 1, 2012: 0%.
(b) 
As of January 1, 2013: 1%.
(c) 
As of July 1, 2013: 1%.
(d) 
As of January 1, 2014: 1%.
(e) 
As of July 1, 2014: 1%.
(f) 
As of January 1, 2015: 1%.
(g) 
As of July 1, 2015: 1%.
(h) 
As of January 1, 2016: 1%.
(i) 
As of July 1, 2016: 1%.
(3) 
Fire Department salaries for 2012, 2013, 2014, 2015 and 2016 shall be as follows in accordance with the applicable collective bargaining agreement:
Employees Hired Prior to January 1, 2008
Entitled to EMT Pay
1/1/2012
1/1/2013
7/1/2013
1/1/2014
7/1/2014
1/1/2015
7/1/2015
1/1/2016
7/1/2016
Step 1
$42,428
$42,428
$42,428
$43,277
$43,277
$43,277
$43,277
$43,277
$43,277
Step 2
$56,743
$56,743
$56,743
$57,828
$57,828
$57,828
$57,828
$57,828
$57,828
Step 3
$68,731
$68,731
$68,731
$70,014
$70,014
$70,014
$70,014
$70,014
$70,014
Step 4
$76,265
$76,265
$76,265
$77,672
$77,672
$77,672
$77,672
$77,672
$77,672
Step 5
$83,798
$83,798
$83,798
$85,329
$85,329
$85,329
$85,329
$85,329
$85,329
Step 6
$91,334
$91,334
$91,334
$92,989
$92,989
$92,989
$92,989
$92,989
$92,989
Step 7
$95,640
$95,640
$95,640
$97,340
$97,340
$97,340
$97,340
$97,340
$97,340
Step 8
$95,640
$96,596
$97,562
$100,238
$101,240
$102,253
$103,275
$104,308
$105,351
Lieutenant
$106,842
$107,911
$108,990
$111,980
$113,100
$114,231
$115,373
$116,527
$117,692
Captain
$119,387
$120,581
$121,787
$125,105
$126,356
$127,620
$128,896
$130,185
$131,487
Deputy Chief
$133,439
$134,773
$136,121
$139,782
$141,180
$142,592
$144,018
$145,458
$146,912
Employees Hired Prior to January 1, 2008
Not Entitled to EMT Pay
1/1/2012
1/1/2013
7/1/2013
1/1/2014
7/1/2014
1/1/2015
7/1/2015
1/1/2016
7/1/2016
Step 1
$40,134
$40,134
$40,134
$40,945
$40,945
$40,945
$40,945
$40,945
$40,945
Step 2
$54,449
$54,449
$54,449
$55,496
$55,496
$55,496
$55,496
$55,496
$55,496
Step 3
$66,438
$66,438
$66,438
$67,683
$67,683
$67,683
$67,683
$67,683
$67,683
Step 4
$73,971
$73,971
$73,971
$75,340
$75,340
$75,340
$75,340
$75,340
$75,340
Step 5
$81,505
$81,505
$81,505
$82,998
$82,998
$82,998
$82,998
$82,998
$82,998
Step 6
$89,041
$89,041
$89,041
$90,658
$90,658
$90,658
$90,658
$90,658
$90,658
Step 7
$93,346
$93,346
$93,346
$94,996
$94,996
$94,996
$94,996
$94,996
$94,996
Step 8
$93,346
$94,279
$95,222
$97,824
$98,802
$99,790
$100,788
$101,796
$102,814
Lieutenant
$104,548
$105,594
$106,650
$109,566
$110,662
$111,769
$112,886
$114,015
$115,155
Captain
$117,093
$118,264
$119,447
$122,691
$123,918
$125,157
$126,409
$127,673
$128,950
Deputy Chief
$131,145
$132,456
$133,781
$137,369
$138,743
$140,130
$141,531
$142,947
$144,376
Employees Hired After January 1, 2008
Entitled to EMT Pay
1/1/2012
1/1/2013
7/1/2013
1/1/2014
7/1/2014
1/1/2015
7/1/2015
1/1/2016
7/1/2016
Academy
$37,682
$37,682
$37,682
$38,453
$38,453
$38,453
$38,453
$38,453
$38,453
Step 1
$42,428
$42,428
$42,428
$43,277
$43,277
$43,277
$43,277
$43,277
$43,277
Step 2
$49,585
$49,585
$49,585
$50,552
$50,552
$50,552
$50,552
$50,552
$50,552
Step 3
$56,743
$56,743
$56,743
$57,828
$57,828
$57,828
$57,828
$57,828
$57,828
Step 4
$68,731
$68,731
$68,731
$70,014
$70,014
$70,014
$70,014
$70,014
$70,014
Step 5
$76,265
$76,265
$76,265
$77,672
$77,672
$77,672
$77,672
$77,672
$77,672
Step 6
$83,798
$83,798
$83,798
$85,329
$85,329
$85,329
$85,329
$85,329
$85,329
Step 7
$91,334
$91,334
$91,334
$92,989
$92,989
$92,989
$92,989
$92,989
$92,989
Step 8
$95,640
$95,640
$95,640
$97,340
$97,340
$97,340
$97,340
$97,340
$97,340
Step 9
$95,640
$96,596
$97,562
$100,238
$101,240
$102,253
$103,275
$104,308
$105,351
Lieutenant
$106,842
$107,911
$108,990
$111,980
$113,100
$114,231
$115,373
$116,527
$117,692
Captain
$119,387
$120,581
$121,787
$125,105
$126,356
$127,620
$128,896
$130,185
$131,487
Deputy Chief
$133,439
$134,773
$136,121
$139,782
$141,180
$142,592
$144,018
$145,458
$146,912
Employees Hired After January 1, 2008
Not Entitled to EMT Pay
1/1/2012
1/1/2013
7/1/2013
1/1/2014
7/1/2014
1/1/2015
7/1/2015
1/1/2016
7/1/2016
Academy
$37,682
$37,682
$37,682
$38,453
$38,453
$38,453
$38,453
$38,453
$38,453
Step 1
$40,134
$40,134
$40,134
$40,945
$40,945
$40,945
$40,945
$40,945
$40,945
Step 2
$47,291
$47,291
$47,291
$48,221
$48,221
$48,221
$48,221
$48,221
$48,221
Step 3
$54,449
$54,449
$54,449
$55,496
$55,496
$55,496
$55,496
$55,496
$55,496
Step 4
$66,438
$66,438
$66,438
$67,683
$67,683
$67,683
$67,683
$67,683
$67,683
Step 5
$73,971
$73,971
$73,971
$75,340
$75,340
$75,340
$75,340
$75,340
$75,340
Step 6
$81,505
$81,505
$81,505
$82,998
$82,998
$82,998
$82,998
$82,998
$82,998
Step 7
$89,041
$89,041
$89,041
$90,658
$90,658
$90,658
$90,658
$90,658
$90,658
Step 8
$93,346
$93,346
$93,346
$94,996
$94,996
$94,996
$94,996
$94,996
$94,996
Step 9
$93,346
$94,279
$95,222
$97,824
$98,803
$99,791
$100,789
$101,797
$102,814
Lieutenant
$104,548
$105,593
$106,649
$109,566
$110,662
$111,768
$112,886
$114,015
$115,155
Captain
$117,093
$118,264
$119,447
$122,691
$123,918
$125,157
$126,409
$127,673
$128,949
Deputy Chief
$131,145
$132,456
$133,781
$137,369
$138,743
$140,130
$141,531
$142,947
$144,376
Employees Hired On Or After January 1, 2014
1/1/2014
7/1/2014
1/1/2015
7/1/2015
1/1/2016
7/1/2016
Academy
$30,000
$30,000
$30,000
$30,000
$30,000
$30,000
Step 1
$34,825
$34,825
$34,825
$34,825
$34,825
$34,825
Step 2
$39,650
$39,650
$39,650
$39,650
$39,650
$39,650
Step 3
$44,475
$44,475
$44,475
$44,475
$44,475
$44,475
Step 4
$49,300
$49,300
$49,300
$49,300
$49,300
$49,300
Step 5
$54,125
$54,125
$54,125
$54,125
$54,125
$54,125
Step 6
$58,950
$58,950
$58,950
$58,950
$58,950
$58,950
Step 7
$63,775
$63,775
$63,775
$63,775
$63,775
$63,775
Step 8
$68,600
$68,600
$68,600
$68,600
$68,600
$68,600
Step 9
$73,425
$73,425
$73,425
$73,425
$73,425
$73,425
Step 10
$78,250
$78,250
$78,250
$78,250
$78,250
$78,250
Step 11
$83,075
$83,075
$83,075
$83,075
$83,075
$83,075
Step 12
$87,900
$87,900
$87,900
$87,900
$87,900
$87,900
Step 13
$92,725
$92,725
$92,725
$92,725
$92,725
$92,725
Step 14
$101,000
$101,000
$101,000
$101,000
$101,000
$101,000
Step 15
$105,351
New Promotees After January 1, 2014
Entitled to EMT Pay
Signing Date
1/1/2014
7/1/2014
1/1/2015
7/1/2015
1/1/2016
7/1/2016
Lieutenant A
$103,276
$106,109
$107,170
$108,243
$109,324
$110,417
$111,521
Lieutenant B
$108,990
$111,980
$113,100
$114,231
$115,373
$116,527
$117,692
Captain A
$115,389
$118,543
$119,728
$120,925
$122,134
$123,356
$124,589
Captain B
$121,787
$125,105
$126,356
$127,620
$128,896
$130,185
$131,487
Deputy Chief A
$128,954
$132,444
$133,768
$135,106
$136,457
$137,822
$139,200
Deputy Chief B
$136,121
$139,782
$141,180
$142,592
$144,018
$145,458
$146,913
New Promotees After January 1, 2014
Not Entitled to EMT Pay
Signing Date
1/1/2014
7/1/2014
1/1/2015
7/1/2015
1/1/2016
7/1/2016
Lieutenant A
$100,936
$103,695
$104,732
$105,779
$106,837
$107,906
$108,985
Lieutenant B
$106,649
$109,566
$110,662
$111,768
$112,886
$114,015
$115,155
Captain A
$113,048
$116,129
$117,290
$118,463
$119,648
$120,844
$122,052
Captain B
$119,447
$122,691
$123,918
$125,157
$126,409
$127,673
$128,949
Deputy Chief A
$126,614
$130,030
$131,331
$132,644
$133,970
$135,310
$136,663
Deputy Chief B
$133,781
$137,369
$138,743
$140,130
$141,531
$142,947
$144,376
C. 
Effective January 1, 2014, the additional sum of $150 compensation per year previously paid will be reflected in the above salary guides. Effective January 1, 2014, members shall no longer receive personal days, and additional compensation will be reflected in the above salary guides.
D. 
If an employee's starting date falls between January 1 and June 30, inclusive, of a given year, his anniversary date shall be deemed to be January 1. When an employee's starting date falls between July 1 and December 31, inclusive, of a given year, his anniversary date shall be deemed to be July 1. All increment step increases set forth in Addendum A of the Collective Bargaining Agreement will take effect each year on the first day of the pay period that includes January 1 or the pay period that includes July 1, whichever is applicable to the particular employee involved based on his or her anniversary date.
E. 
Salaries and all forms of contractual increases, if any, not otherwise indicated shall be paid on the first day following the effective date of such increase.
F. 
In addition to the salaries listed above, all unit employees shall also receive an annual clothing allowance as follows:
(1) 
2012: $525.
(2) 
2013: $525.
(3) 
2014: $550.
(4) 
2015: $575.
(5) 
2016: $600.
G. 
HAZMAT Technician pay. There shall be HAZMAT Technician pay of $500. The above pay is paid to members who successfully complete OSHA or NFPA Hazardous Materials Technician Training class, participate in annual refresher training and comply with the required medical surveillance program. The HAZMAT payment is made once per year on the first pay day in February.
H. 
Whenever any unit employee is required to appear in court during his off time in any criminal action or criminal legal proceeding arising out of or incidental to the performance of his duties, said employee shall receive compensation in accordance with the terms and conditions of the applicable collective bargaining agreement.
I. 
Schools and meetings, when held on off-duty time, will be compensated in accordance with the terms and conditions of the applicable collective bargaining agreement.

§ 37-20 Pay periods; direct deposit.

[Amended 7-21-2015 by Ord. No. 7230-15]
A. 
Annual salaries shall be paid in equal semimonthly installments, and weekly and hourly wages shall be paid for such period as may be authorized by resolutions adopted from time to time by the governing body.
B. 
Direct deposit.
[Added 5-2-2017 by Ord. No. 7377-17]
(1) 
All permanent employees and elected public officials who receive compensation from the City of Clifton are mandated to have direct deposit of their compensation as of July 1, 2017, in accordance with Chapter 28, P.L. 2013, as defined under N.J.S.A. 52:14-15f(b) (including paperless online pay stubs and W-2s).
(2) 
Seasonal and temporary employees who are employed by the City of Clifton are exempt from the direct deposit mandate.
(3) 
Municipal employees may request, in writing, an exemption from the direct deposit mandate to the City of Clifton's Personnel Director. Such requests will be presented to the City Council within 30 days. The City Council may grant such an exemption by resolution and only for good cause.

§ 37-21 Additional compensation for longevity.

A. 
There shall be added to and made a part of the remuneration to each officer and employee an amount equal to 2% of the salary or wages fixed for each such person upon the completion of five years' cumulative service in and for the City of Clifton; an amount equal to 5% of the salary or wages fixed for each such person upon the completion of 10 years' cumulative service in and for the City of Clifton; an amount equal to 7 1/2% of the salary or wages fixed for each such person upon the completion of 15 years' cumulative service in and for the City of Clifton; an amount equal to 10% of the salary or wages fixed for each such person upon the completion of 20 years' cumulative service in and for the City of Clifton; and an amount equal to 12 1/2% of the salary or wages fixed for each such person upon the completion of 24 years' cumulative service in and for the City of Clifton. Such additional compensation shall be paid notwithstanding the maximum salary or wages hereinbefore provided for such office or employment and shall be paid at the same time and in the same manner as the salary or wages fixed pursuant to the provisions of this article.
B. 
For the purposes of this article, all periods of employment shall be deemed to have commenced on January 1 of the year of appointment or employment unless the actual date of said appointment or employment took place on or after July 1, in which case said period of employment shall be deemed to have commenced on July 1 of the year of said appointment or employment.
C. 
An interruption of service resulting from any cause beyond the control of the officer or employee, such as military service or injury in the line of duty or illness, shall be considered as service for the City of Clifton for the purpose of determining the completion of said cumulative periods of five years of service with the City.
D. 
In computing such period of cumulative service in and for the City of Clifton, credit shall be given for all prior full-time service by an officer or employee as an employee of the State of New Jersey, or any political subdivision thereof, as provided by law.
E. 
New employees hired on or after January 1, 2014, shall no longer receive additional compensation for longevity.
[Added 2-4-2014 by Ord. No. 7136-14]

§ 37-22 Health insurance; dental plan; life insurance; survivor benefits.

[Amended 3-18-2003 by Ord. No. 6339-03; 4-16-2008 by Ord. No. 6731-08; 2-4-2014 by Ord. No. 7136-14]
A. 
The City shall provide to all employees covered hereunder and to their eligible dependents, except as modified herein, the Blue Cross/Blue Shield medical and hospitalization plans known as the PPO (Preferred Provider Option), DA (Direct Access) and EPO (Essential Provider Option), to include the prescription plan in effect as of August 1, 2012. Effective March 1, 2014, the deductible for the DA and EPO plans shall be $300 for family and H/W and $150 for single plans. The deductible for the PPO shall be $400 for family and H/W and $200 for single plans. There shall be no copayment for a generic prescription, and the copayment for each nongeneric/name brand prescription shall be $20, effective March 1, 2014. Effective March 1, 2014, there shall be a doctor/physician visit copayment of $20 per visit for employees enrolled in the PPO plan, and there shall be a doctor/physician visit copayment of $10 per visit for employees enrolled in the DA or EPO plans. The aforementioned medical and hospitalization coverage will also continue through the end of the calendar year during which each dependent attains his or her 26th birthday, for all dependent members of the immediate family of such employee who are full-time students at a recognized duly certified secondary school or institution of higher learning pursuing a prescribed course of study at any such school or institution for which course credits are given, or who are disabled within the meaning of that term, as defined by N.J.S.A. 54:1-2(f). Effective January 1, 2012, all employees will pay a contribution to health insurance premiums, including prescription and dental, based upon pensionable base salary in accordance with the provisions of P.L. 2010, c. 2, and P.L. 2011, c. 78, which are incorporated by reference as if set forth herein at length.
B. 
The City will provide a life insurance policy of $10,000 for all employees covered by this agreement, up to the age of 62. For employees ages 62 to 70, said insurance shall be $5,000. For employees 70 and up, the amount of said life insurance shall be $2,500; and a policy of $1,000 shall be provided to all retired employees for the first five years of retirement only.
C. 
In accordance with applicable law, the covered member shall receive, at no cost to the employee, all insurance coverage as set forth in Subsection A of this section until his or her 65th birthday if he or she becomes totally and permanently disabled for further duty as a firefighter as the direct result of a traumatic event occurring during and as a result of the performance of duty and is awarded an accidental disability retirement benefit by the Police and Firemen’s Retirement System.
D. 
Effective January 1, 1990, and consistent with applicable law, all health insurance coverage set forth in Subsection A hereof are hereby extended to cover the period from the date of an employee’s retirement to such employee’s death. To be eligible for such health insurance coverage, an employee must have been qualified for retirement benefits and must have retired on or after January 1, 1990, in compliance with the requirements of the Police and Firemen’s Retirement System established and maintained under the laws of the State of New Jersey. Any such retired employee otherwise qualified for such coverage in accordance with the terms of this subsection shall not be so covered by the City during the time he or she is employed on a regular basis and such employment provides health insurance coverage not less than that specified in Subsection A above.
E. 
Medicare premiums. FMBA members and their spouse, if applicable, shall continue to be responsible for payment of the costs of their Medicare premiums upon attaining Medicare eligibility and shall be required to enroll in both Medicare Part A and Medicare Part B and to pay the full amount of the premiums for both. Upon such enrollment in Medicare, the City's medical plan will become secondary to Medicare. Should an eligible member or spouse fail to enroll in both Medicare Part A and Medicare Part B, the employee's (or spouse's) medical plan benefits through the City's medical plan shall be reduced by the amount that Medicare would have paid had the member enrolled.
F. 
The City may, at its option, change any of the foregoing plans or carriers, provided that any change to the Horizon Blue Cross/Blue Shield Preferred Provider Option plan is equal to or better than that currently provided Horizon Blue Cross/Blue Shield Preferred Provider Option plan.
G. 
New employees hired after April 1, 2007, will be covered by all insurance benefits on their first day of regular employment.
H. 
Nothing in this agreement shall affect the benefits currently being received by retirees.
I. 
Survivor benefits.
(1) 
Killed in line of duty. In the event that a member is killed in the line of duty while employed with the City of Clifton Fire Department, the City shall provide hospitalization and medical coverage, and all other existing insurances, including prescription coverage, for the member's spouse until the spouse becomes eligible for Medicare and for all dependent members of the immediate family of the deceased member in accordance with the terms of the agreement. Death "in the line of duty" shall be defined as death of a member in active service as a result of an accident met in the actual performance of duty at some definite time and place, and such death was not the result of the member's willful negligence.
(2) 
Non-line-of-duty death. In the event that a member dies while employed with the City of Clifton Fire Department while not in the line of duty, or any retired member that dies prior to age 65, the City shall provide all hospitalization and medical coverage, and all other existing insurances, including prescription coverage, for the spouse and dependant children of the deceased member or retiree as set forth in Subsection A of this section, for two years from the date of the member or retiree's death. It is expressly understood that this provision shall not apply to any member or retiree who dies while engaged in or as a result of his or her unlawful act. After the conclusion of the two-year period, the spouse and dependents of the deceased member or retiree shall be entitled to purchase medical benefits at their own expense pursuant to COBRA.

§ 37-23 Life insurance.

In addition to the compensation herein provided for as regular salaries and wages, the City of Clifton hereby grants and provides the following life insurance coverage for all officers and employees; said life insurance coverage shall be in the amount of $10,000 for all officers and employees who shall not have attained the age of 62 years; shall be in the amount of $5,000 for all officers and employees ages 62 to 70; and shall be in the amount of $2,500 for all officers and employees who shall have attained the age of 70 years. Any policy or policies providing the foregoing coverages shall contain a double indemnity provision in the event of accidental death. In addition, the City shall provide life insurance coverage in the amount of $1,000 to each officer and employee for and during the first five years of his or her retirement. "Retirement," for the purposes of this section, shall be defined as the voluntary termination of his or her employment with the City by an officer and employee, who shall, at the time of such voluntary termination, qualify for pension benefits under any public employee pension system established and maintained pursuant to the laws of New Jersey. The entire cost of providing life insurance coverage hereinabove mentioned in this section shall be borne and paid for by the City of Clifton.

§ 37-24 (Reserved) [1]

[1]
Editor's Note: Former § 37-24, Optional life insurance, was repealed 12-16-2008 by Ord. No. 6783-08.

§ 37-25 Additional remuneration for courses in fire science.

A. 
As a part of the salary ranges and longevity credit herein provided, the salary of a member of the Fire Public Safety Department shall be increased by the sum of $20 for each credit hour earned as the result of the successful completion of a course or courses for which credit is given toward a degree or associate degree in fire science or firematics, which credit hour must have been earned at and accepted by a recognized institution of higher learning offering a program leading to a degree or associate degree in fire science or firematics. Such additional remuneration shall not exceed $330 in any given calendar year, and such additional remuneration shall not exceed a total of $1,320. However, additional remuneration shall be earned in accordance with the following schedule:
(1) 
Associate degree: $180 for each such associate degree to a maximum of $360 in any calendar year and a total remuneration of $1,500 for one associate degree and $1,680 for two associate degrees.
(2) 
B.A. or B.S. degree: $380 in any calendar year up to a total remuneration of $1,700.
(3) 
Master's degree: $580 in any calendar year up to a total remuneration of $1,900.
B. 
Such additional remuneration shall be payable commencing on his first regular payday in September of each year, retroactive to the date of completion of such credit hours, provided that there has been presented to the City Manager on or before July 15 of each year proper certification from the institution attended by said member setting forth the number of credit hours completed or the conferring of an associate or baccalaureate degree in fire science.

§ 37-26 Sick leave; terminal leave.

A. 
Except as otherwise provided by this article or by law, no sick leave is deemed to have been earned or accumulated by any member of the Fire Department. However, solely and exclusively for the purpose of calculating the terminal leave benefit for which he or she is entitled, each member of the Fire Department shall be deemed to have earned 15 sick days per year of service, which days shall be deemed to accumulate year to year if not used. Any leave taken due to illness or injury shall utilize any accumulated sick days pursuant to this subsection. Except as otherwise provided by this article, any officer or employee who commences terminal leave as provided for herein, which terminal leave shall be considered a prelude to final retirement, shall be entitled to a terminal leave benefit of 50% of the sick days earned but not taken upon the condition that he elects an ordinary service retirement benefit pursuant to the then-existing New Jersey statutes. Any officer or employee who commences terminal leave on or after January 1, 1988, as provided herein, which shall be a prelude to final retirement, as outlined above, shall be entitled to a terminal leave benefit of 50% of accumulated earned sick days not to exceed 260 days of sick leave, except that those officers and employees who have accumulated more than 260 sick days as of December 31, 1987, shall be entitled to a terminal leave upon retirement of 50% of the accumulated sick leave days as of December 31, 1987. At the end of each calendar year, any officer or employee who has accumulated more than 260 sick days shall have the option to be paid an attendance payment equal to 50% of the sick days earned in and not used in that calendar year. The attendance payment shall be made within one month at the close of the calendar year in which it is earned. Any officer or employee seeking to exercise his right to an attendance payment must make a request for same, in writing, on or before January 15 of the year following the year in which the attendance payment was earned. An officer or employee who is eligible for such bonus, but chooses not to exercise such right, may continue to accumulate sick leave, but not for the purpose of terminal leave benefits/pay. The terminal leave benefit due any officer or employee may be paid to said officer or employee in either of the two following manners, which may be selected by said retiring officer or employee:
(1) 
The total salary due such officer or employee for such terminal leave shall be paid in equal biweekly installments as shown and authorized by the City's regular payrolls approved for payment during the period of such terminal leave; or
(2) 
The total salary due such officer or employee for such terminal leave shall be paid in a lump-sum payment with the initial payment in the year in which the officer or employee retires, limited to the total salary funds available in the municipal budget during the retirement year, the balance, if any, to be paid within 60 days after the adoption of the municipal budget in the year following the year of retirement. Any officer or employee selecting the lump-sum method of payment of the terminal leave benefit automatically waives any rights to benefits which may have been or will be negotiated after his retirement date.
B. 
In the event that any officer or employee, while actively employed by the City, shall decease, then payment for 50% of accumulated sick leave, which leave shall be earned or accumulated in accordance with Subsection A hereinabove, shall be made to the surviving spouse. In the event that the deceased officer's or employee's spouse shall have predeceased said officer or employee, then payment as provided for herein shall be made to the surviving children of said officer or employee, share and share alike.

§ 37-27 Holidays.

A. 
The following five holidays shall be recognized:
(1) 
New Year's Day.
(2) 
Easter.
(3) 
July 4th (Independence Day).
(4) 
Christmas.
(5) 
Martin Luther King Jr. Day.
B. 
Compensatory time shall be granted for holidays. Each shift employee shall receive 1 1/2 twenty-four-hour workdays per year, while administrative personnel shall receive three workdays per year, which shall be taken at the employee’s request in accordance with past departmental practice.
[Amended 2-4-2014 by Ord. No. 7136-14]
C. 
Additionally, during the term of this agreement, all employees covered by this agreement shall receive one day's pay at time and one-half for each of the following eight additional holidays. Said payment is reflected in the base pay salaries (Addendum A) annexed hereto.[1]
(1) 
Lincoln's Birthday.
(2) 
Washington's Birthday.
(3) 
Good Friday.
(4) 
Memorial Day.
(5) 
Labor Day.
(6) 
Columbus Day.
(7) 
Veterans Day.
(8) 
Thanksgiving Day.
[1]
Editor's Note: See § 37-19.
D. 
Additional compensatory days at straight time. Shift employees shall receive one twenty-four-hour workday and administrative personnel shall receive two workdays, which compensatory time shall be in lieu of compensatory time for any and all holidays (other than or in addition to those holidays enumerated in Subsections A and C hereof above) the City's administration gives any City employees other than the members of the FMBA. If said compensatory days are not taken during the calendar year, these days will be accrued by members of the said Association.

§ 37-28 When effective.

This article shall take effect after final passage and publication as required by law.[1]
[1]
Editor's Note: Former Art. III, Ambulance Service, consisting of §§ 37-29 and 37-30, as amended, which previously followed this article, was repealed 3-5-2002 by Ord. No. 6265-02. See now Ch. 213, Emergency Medical Services.