City of Hackensack, NJ Article III Rules and Regulations

§ 19-18 Rules enumerated.

A. The following general rules shall apply to the members of the Department:

(1) All members shall read the rules and regulations and become familiar with all instructions and orders relating to the Fire Department.

(2) All officers and members shall be addressed in a courteous manner and all officers shall be addressed by their proper titles.

(3) Obedience to all rules and regulations as prescribed herein and to any orders laid down by the City Manager must be promptly complied with. Any infractions or violations of such rules, regulations or orders shall be considered as insubordination. Any member of the Department who shall be found guilty of insubordination shall be subject to dismissal by the City Manager in accordance with the appropriate state statutes and civil service regulations.

(4) Any member of the Department who, being under charges, shall, either before trial or judgment, cause any person to interfere personally or by letter in his behalf with the Chief, shall thereupon be tried upon the charge of unbecoming conduct.

(5) All members of the Department shall devote their whole time to the business of the Department and are hereby prohibited from being engaged in any other business, unless granted permission by the City Manager.

(6) All members shall report for duty on time, and no member shall go off duty unless properly relieved. If a member fails to report for duty, the ranking officer in charge shall immediately report such tardiness to the Chief. If emergency conditions prevail, a member from the off-going shift may be held over.

[Amended 12-6-1976 by Ord. No. 30-76]

(7) Members shall keep their officers advised of all matters of interest to the Department and may make suggestions and recommendations for increasing its efficiency.

(8) Members on duty shall not be allowed to leave the station for any purpose without receiving permission from the ranking officer.

(9) No member of the Fire Department of the City of Hackensack when on duty shall leave the city without securing permission from his superior. Any member desiring a leave of absence during his tour of duty shall make request of the Chief in writing. If such request is granted by the Chief, a substitute shall be appointed by him, who shall serve in the place of the member to whom leave is granted, without compensation by the City of Hackensack. Members shall not be permitted to substitute for each other without permission from the Deputy Chief of their platoon.

(10) Any member becoming disabled while in the performance of fire duty shall be entitled to full pay. Any member becoming disabled through accident or illness by any cause other than received in actual performance of his duties may receive such pay as the City Manager may determine.

(11) In accordance with civil service regulations, an annual vacation with pay shall be granted to all members of the Department. The vacation period shall begin and terminate at the discretion of the Chief.

(12) No member while on duty shall use profane, immoral, indecent or disrespectful language.

(13) Card playing, shaking dice or any other game where gambling is resorted to is hereby prohibited in any fire station in the City of Hackensack. The use of alcoholic beverages is also prohibited in any fire station within the City of Hackensack.

(14) Members in uniform shall not enter any place where intoxicating liquor is sold, except in the course of duty. Neither shall members become under the influence of intoxicating liquors at any time while in uniform or on duty. Any member absenting himself because of the use of intoxicating liquor or reporting for duty under the influence of intoxicating liquor may be immediately suspended by the Chief until charges can be preferred against him. He shall be subject to dismissal from the Department at the discretion of the City Manager.

(15) It is hereby made the duty of all officers and members of the Department to take notice of all violations of the rules and to prefer, or cause to be preferred, charges against any person so violating, forwarding them to the Chief through regular channels. Charges may be drawn on any of the following offenses: intoxication, neglect of duty, absence without leave, disobeying orders of superior officer, disrespect to superior officers, conduct prejudicial to good order, conduct unbecoming a member, use of profane or unseemly language, cowardice, shirking duty at a fire or illegal use or possession of drugs.

[Amended 8-15-1977 by Ord. No. 36-77]

(16) Members shall not engage or take part in any scheme or enterprise or circulate any petition or cause any person to sign a petition or purchase any tickets for gatherings or entertainment of any kind, such as may directly or indirectly affect the Department, unless approved by the City Manager. Nothing herein shall be construed as prohibiting a member the right to sign or circulate petitions for the improvement of salary and working conditions when such petitions are deemed necessary.

(17) No member, whether on or off duty, shall be guilty of conduct prejudicial in any manner to the good name and reputation of the Department.

(18) Members of the Fire Department shall neither directly nor indirectly take part in any political campaign, agitation or electioneering while on tours of duty or in uniform. However, the right of members to vote as they may determine shall remain inviolate.

(19) The making of a false report shall be strictly prohibited. Any officer or member failing to report his knowledge of such violation to the Chief shall be subject to dismissal.

(20) Criticisms of superior officers, discourtesies to the public or to members of the Department, unjust treatment of officers or members and movements tending to create dissension or appearing to ignore responsible officials will be considered breaches of discipline and treated accordingly.

(21) No departmental records shall be furnished by any member of the Department to a person or persons not connected therewith, except as authorized by the Chief.

(22) It shall be the duty of all officers to report to their superior within 12 hours the occurrence of any violation of these rules and regulations by a Department member. Such written report shall give the name of the offending member, the time, place and a description of the offense and shall be signed by the member so reporting. Failure to make such a report may be punishable in equal measure to the original offense.

(23) The neglect of an officer or member to comply with or enforce all orders, verbal or written, rules, regulations and instructions of the Department or the committing of any act of indifference, such as may tend to operate against or reflect discredit upon the Department, shall be considered an offense punishable by reduction in rank, suspension or dismissal.

[Amended 8-15-1977 by Ord. No. 36-77]

(24) Violation of any rule or regulation of the Department or any of its general or special orders may be punished in accordance with the appropriate state statutes and civil service regulations.

(25) Should a member of the off platoon visit any one of the various fire stations, the officer in charge of the fire station so visited shall cause to be entered in the company journal a record of the member's arrival and departure and a brief summary as to the nature of the visit.

(26) No member in uniform shall visit or enter any place of public assembly unless detailed thereto. When detailed to any place of public assembly, the member so detailed shall notify headquarters of the time of his arrival and departure from such place.

(27) Members on detail at a place of public assembly shall not respond to an alarm of fire calling for a first assignment. Members so detailed shall respond to a special signal or to second or general alarms.

(28) No person, other than a Department member in good standing, shall be allowed to ride on apparatus going to or returning from a fire or during response to an alarm, unless by direction of the Chief of the Department.

(29) Drivers shall operate their apparatus at a rate of speed consistent with public safety. When passing red traffic lights on the way to a fire, drivers shall have the apparatus under control and at such speed that an immediate stop may be made. In returning from a fire or alarm of fire and at other times, all departmental apparatus shall be operated in strict conformity with traffic code provisions and local and state requirements relating to such vehicles.

(30) No company or member of a company shall, while on duty at a fire or responding to an alarm of fire, receive or obey any order from any person or persons other than the Chief of the Department, the officer in charge of the fire or the officer in command of the company.

(31) Company commanders of apparatus responding to a fire, other than that of the company first to arrive, shall report to the officer in charge of the fire before going into service. They shall see that their apparatus is located as near to a hydrant as is practicable and that members of their company remain on or near the apparatus until otherwise ordered.

(32) Any member or officer arriving first at a fire, and therefore being in charge, shall, upon the arrival of a superior officer, immediately impart to such superior officer all knowledge which he may possess as to existing conditions, persons trapped in the building, the extent of fire, the direction of fire travel, the number of lines ordered stretched and any orders he may have issued.

(33) The officer in charge shall, upon returning to the fire station from any call, immediately make out and forward to the Chief a complete report of conditions found and of the action taken. The officer in charge shall take no further action unless ordered by the Chief.

(34) Any member of the uniformed force wishing to resign shall submit his resignation in writing at least five days in advance of the date on which he desires such resignation to become effective. He shall address his resignation to the Chief who, upon receipt of same, shall promptly acquaint himself with all incidental information procurable in connection thereto, and as to whether charges are pending against such member. The Chief shall then forward to the City Manager all such information, together with the member's written resignation and his (the Chief's) recommendation in the matter.

(35) Violation of a specific section of these rules and the specification of one or more shall contain a brief recital of the facts and circumstances which make up the offense, and also the fact of any prior charges having been preferred against the member and the number of times.

(36) Under supervision of the platoon commander, the officer coming on duty shall conduct roll call at 8:00 a.m. and 6:00 p.m. Upon completion of calling the roll, the officer shall salute the platoon commander, who shall return the salute. The officer shall then report whether all men are present or report the absence of any member. Upon receiving the order "dismiss," the officer shall order a right-hand salute from the members and shall return same and give the order "dismissed."

[Amended 12-6-1976 by Ord. No. 30-76]

(37) Visitors are not allowed beyond the desk unless accompanied by the member who receives them and after the officer in charge of the station has given permission. All salesmen and other visitors entering quarters must be reported to the officer in charge by the member on desk watch. The stations will be open for inspection of quarters between the hours of 7:00 a.m. and 9:00 p.m. Inspection of quarters at other hours may be made only at the discretion of the officer in charge.

(38) All apparatus, after returning from a fire between the hours of 8:00 a.m. and 11:00 p.m., must be thoroughly cleaned. After 11:00 p.m., only excessive mud and water are to be removed.

(39) Men assigned to any detail must start promptly and carry out the detail without delay.

(40) Positively no horseplay will be tolerated. There shall be no unnecessary noise in any fire station at any time.

(41) No employee of the Department shall willfully or carelessly destroy or lose Department property.

(42) All supplies and equipment issued to the members of the Department will be recorded. Each member will be charged with the proper care and use of same so that the longest possible service may be derived. No tools or equipment are to leave quarters unless permission has been granted by the officer in charge.

(43) When leaving quarters in responding to an alarm of fire or an emergency call, all members must be dressed with full fire-fighting equipment. This order does not affect chauffeurs when driving.

(44) Any member off duty, who on account of injury or illness is unable to report to his company quarters at the next platoon shifting time, must cause a notice to that effect to be given to the officer in charge of his station at least one hour before platoon shifting time. Members on sick or injury leave, when physically able, may be required to report to the company commander at least once a week, or to the City Physician if so ordered. On all such notices or reports, the officer in charge shall notify the Chief.

(45) It is compulsory for all members of the Fire Department, when reporting on sick or injury leave, to furnish the office of the Chief of the Fire Department, immediately upon return to duty with a certificate signed by the attending physician, stating the nature of the illness or injury and the physical fitness of the member. When a member is on sick or injury leave he is to submit to an examination by the City Physician whenever the commanding officer of the Department requests such an examination. Violation of this rule will result in forfeiture of salary during the entire leave.

(46) All reports of complaints received from residents, tenants or property owners of the city regarding conditions against which they are registering complaints shall be referred to the officer in charge at fire headquarters who will issue a complaint form. Such form will then be referred to the Deputy Chief in charge for action. Complainants appearing at all other fire stations shall be referred to headquarters.

(47) The fire alarm system shall be tested twice daily by the house watch desk. Tests shall be made at 8:00 a.m. and 6:00 p.m. The test of the air horn shall be made at 8:00 a.m. only. The officer in charge of headquarters shall receive and record the report of tests. The deskman shall report immediately all irregular functions of the fire alarm system to the officer, who in turn will notify the Fire Alarm Superintendent and the officer in command of the Fire Department. He shall also note same in the house journal and on the daily report. The Fire Alarm Superintendent shall make a report to the officer in charge or to the deskman where irregularities or corrections occur. These are to be entered in the house journal and on the daily report, or if too lengthy or complicated, the Superintendent will make his report in writing and send it to the office of the Chief.

(48) The Chief Officer in command shall be notified immediately of any injury sustained by any officer or member of the Fire Department, whether said injury was received at the fire or in quarters, or traveling to or from the scene of an alarm or emergency. The Chief Officer will also notify the family of any member injured and requiring hospitalization. It shall be the duty of the officer or acting officer in charge of the company to which the injured member is assigned to notify the Chief.

(49) Members off duty and responding to alarms shall report their presence to their respective company officers, who shall note the names of those members thus reporting in the house journal and fire reports.

(50) All members of the Department, either when on call or when off duty and available, are subject to recall for emergency duty. During such recall periods, members may be excused from active duty only by permission of the officer in command and shall report for duty promptly upon notification of an emergency.

(51) Summer uniform inspection shall take place on or before the first day of April, and winter uniform inspection on or before the first day of December. All uniforms must be ready on the above dates.

(52) Members will not be permitted to occupy beds during the day between 7:00 a.m. and 9:00 p.m. except with the permission of the commanding officer of the Department. Any member found asleep on desk watch or otherwise away from his post of duty without permission will be in violation. The member's immediate officer shall prepare and immediately present written charges to the commanding officer of the Department. The deskman or driver of the apparatus will not be allowed to leave quarters while assigned to such duties except when answering an alarm.

(53) All officers will be held strictly responsible for their command and will see that rules, regulations and orders are carried out in full. They will see that the house and apparatus are kept clean and in good order. They will see that drills and instructions are held at least one afternoon a week for at least three hours and have the same noted in the house journal. While at fires, they will organize their men into groups and work as a unit at whatever task may be assigned to them.

(54) The American Flag shall be displayed daily, weather permitting, on all company quarters from sunrise to sunset.

(55) It will be the responsibility of the officer in charge of each fire station to see that all alarms are received correctly and that the fire apparatus answering them is dispatched correctly to such alarms or calls.

(56) The officer in charge, or in his absence the member designated in charge, shall cause to be entered upon the house journal a full account of the company's daily activities as follows: the day and date, the company number, the apparatus number, the members present or absent, the man on desk duty, any men on special detail, and, under remarks, all other company activities such as apparatus in reserve, alarms answered, signals received, testing of motors, shifting of hose, the oil and gasoline used and all other miscellaneous records of what the company does.

(57) The company officer, or member assigned, shall make a thorough inspection after each run to make sure that nothing has been lost or stolen and that each piece of equipment is in good condition and in its proper place. It shall be the duty of the officer in charge to see that each man is familiar with the location of all equipment on the apparatus so that no time is lost in finding it when needed at a fire or in an emergency.

(58) When service of the mechanics are needed, the company officer shall notify the officer in command of the platoon of his desire.

(59) Request for leave of absence shall be filled out on the proper form with the name of the relief man contained therein and fowarded to the office of the Chief for approval.

(60) All members meeting the Mayor or any Councilman, or any officer of the Fire or Police Department in uniform, shall execute a right hand salute at all times. Subordinate officers are required to salute superior officers.

(61) The term "members" or "member" used in these rules, regulations and instructions includes all officers and men who are members of the Fire Department.

(62) Any member in doubt as to the meaning of any rule, regulation or instruction as set forth shall submit a written request addressed to the Chief asking for an interpretation. The Chief shall then answer such question.

(63) An officer or member wishing to transact Department business with the City Manager shall do so through the Chief.

(64) In case of an alarm of fire being received during roll call, the relieving platoon shall man apparatus responding to the fire. The platoon going off duty shall remain in quarters until dismissed by the officer in charge of the fire.

(65) The term "quarters" wherever used in these rules, regulations and instructions shall be defined as the buildings and grounds of a fire station.

(66) Leave of absence with full pay to the extent provided for in the rules and regulations of the City Council, shall be granted any member of the Department upon the death of his wife, child, father, mother, brother or sister. In case of such death, the member shall make written application for a leave of absence prior to absenting himself, and shall specify in this application the relationship of the deceased to himself and the dates on which he desires to be absent.

(67) No member shall directly or indirectly solicit the influence or intercession of any person or persons with the City Manager, Chief or any city official to the end of effecting a transfer, promotion or the meting of punishment.

(68) No member of the off platoon shall loiter in or about quarters or interfere with members of the working platoon in the performance of their duties.

(69) An error of judgment or otherwise in responding with apparatus to an alarm of fire will be deemed a serious offense, for which the officer in charge will be held responsible.

(70) Upon receipt of an alarm of fire, every member present shall report for duty on the apparatus floor. When definitely assured that the company is assigned to the alarm, the officer shall give a signal for the starting of the motors, the opening of the station doors and for immediate response.

(71) Members are expected to be courageous but not reckless. Cowardice, shirking of duty or disobedience of orders at fires shall be considered as grave offenses, punishable by suspension or dismissal.

(72) All members accepting appointment to the Department or those advanced to the higher or superior ranks shall, in taking the oath of office, agree to uphold the Constitution of the United States and the State of New Jersey, and obligate themselves to perform the duties of their office to the best of their ability. The record of the official oath of office shall be on file at the office of the City Clerk.

(73) At roll call, members shall answer to their name only. It shall be considered a gross breach of discipline for one person to answer to the name of another, even though the person for whom the answer was given is present.

(74) The members assigned as aides to an officer shall, in delivering orders, inform the recipient of the officer who has directed the orders. Subordinates shall comply with the directions of a superior officer given them by the superior officer's aide. No aide shall assume the responsibility to give orders unless such has been directed and authorized by a superior officer.

(75) Should there be reported to an officer a loss of property through theft at a fire scene, a report and description and value of the alleged loss shall be entered in the house journal and written information forwarded to the Chief.

(76) Should any person claim a discrepancy in the money or valuables returned to him, the commanding officer will at once be notified, and he will thoroughly investigate the case and file his report with the Chief. Officers will be held responsible for the safety of property until given over to the owner or Property Clerk of the Police Department.

(77) No person, other than members of the Fire Department, shall be permitted into a building in which a fire has occurred and where the Department is still in charge, without the permission of the officer in charge. Should permission be granted, he shall direct a member of the Fire Department to accompany the person who has sought this privilege and remain with such person until he leaves the building.

(78) Members, either on or off duty, attending court as a witness in any criminal or civil case will notify their commanding officer prior to attending such court and who subpoenaed them. Upon return they will report the length of time they were in attendance in court. Such reports shall be entered in the house journal.

(79) All requests for information relative to departmental administration shall be forwarded to the Chief.

(80) When a member is suspended from duty, resigns or is dismissed from the Department, he shall deliver all equipment which is the property of the Department to his company commander, whereupon it shall be delivered to the Chief. The Chief and City Manager may refuse to accept the resignation of a member against whom charges are pending.

(81) There shall be kept in each station a house journal, and there shall be entered therein all events and the time they occur.

(82) Special and general orders issued by the Chief shall have the force and effect and be considered adopted departmental rules with the approval of the City Manager.

(83) Each and every member of the Department shall promptly obey, observe and carry out all orders issued by a superior officer.

(84) In case of an insufficiency of officers, the Chief may select and designate such regular firemen as may be necessary to command such platoons. When so designated, such firemen shall have all the authority, duties and responsibilities of a Lieutenant, and shall be addressed by the title.

(85) Except when recalled, the regulation uniform shall be worn at all times by members when reporting to a fire station for duty and when leaving a fire station after being relieved from duty.

(86) No member of the Department shall knowingly or recklessly make any false statement, either orally or by publication, which shall interfere with the maintenance of discipline by immediate officers or harmony among co-workers, impede the performance of his duties or interfere with the regular operation of the Department.

(87) No hair styles shall prevent the proper wearing of a uniform cap or helmet. Grooming and neatness shall prevail for all hair styles, mustaches and sideburns. Nothing in this section shall be permitted to interfere with the wearing of any safety equipment. Guidelines for all hair styles, mustaches and sideburns are outlined as follows:

[Added 9-3-1974 by Ord. No. 18-74]

(a) The hair on the back of the head shall not touch the top of the collar on the shirt when standing at attention. Hair at the collar line shall not exceed 1/2 inch in thickness. Hair shall not extend below the midpoint of the ear on the sides of the head. Hair will not be allowed to hang over the ear while on duty. No hair style shall result in bushy or excessively thick hair.

(b) Sideburns shall not extend below the bottom of the ear lobes and shall be even in width and neatly trimmed.

(c) Mustaches are permissible, provided they are neatly trimmed. The mustache shall not extend horizontally beyond the smile line and shall not extend downward below the bottom of the lower lip. The mustache shall not extend over the vermillion line of the top lip.

(d) Beards and goatees are not permitted.

(e) All inspections will be made while standing at attention.

(f) Members shall be clean shaven upon reporting for duty and shall remain clean shaven throughout their tour of duty.

(g) It shall be the duty of the chief officers to see that the company officers enforce these rules and regulations.

(88) All members are required to subscribe for telephone service at their place of residence. The respective telephone number (listed or unlisted) shall be recorded with the Chief of the Fire Department and the House Watch Desk.

[Added 10-6-1975 by Ord. No. 24-75]

(89) No member shall feign illness to either avoid reporting for duty or to leave duty.

[Added 12-6-1999 by Ord. No. 36-99]

(90) No member shall fail to attend drills, training or instructional classes when required.

[Added 12-6-1999 by Ord. No. 36-99]

B. A violation of any of the rules and requirements contained in these rules or a violation of any verbal or written special orders, general orders, uniform regulations or city, state and national laws may be punishable by reprimand, loss of off-duty time, loss of pay, suspension without pay, loss of accumulated leave, demotion or dismissal, as the gravity of the offense and record of the offender may make proper. By the authority of the City Manager, the Fire Chief is empowered to hold a hearing of all violations, and if it is his opinion that violations require a penalty beyond the scope of his authority, he will forward charges to the City Manager for disposition. All penalties meted out by the Fire Chief shall be reported to the City Manager in writing and shall be entered in the personnel record of the member in violation.

C. Any member of the said Department who shall have violated any of the rules and regulations stated herein shall be served with a written complaint setting forth the charge or charges against such member or officer, and said complaint shall be filed in the office of the body, officer or officers having charge of the Department or force wherein the complaint is made, and a copy thereof shall be served upon the member or officer so charged, containing a notice of hearing therein designating its time and place by the proper authorities, which shall not be less than 15 nor more than 30 days from the date of the service of the complaint.